When it comes to motorcycle accidents, the damages you can possibly receive depend on many different factors. If you are pursuing a lawsuit due to a motorcycle accident, it is important you are aware of these things.
The Motorcycle Bias
People all across America have an intense dislike of motorcycles. Because of this fact, there is a strong bias against motorcycles. Although juries are meant to be impartial, a motorcycle bias can still present itself in jury decisions during a case. Even insurance companies recognize this bias, and as a result, motorcyclists may find themselves with a reduced settlement.
Concrete vs. Subjective Damages
Because the jury is able to decide the amount the defendant will have to pay the motorcyclist, there are two different areas they look at: concrete damages and subjective damages. Concrete damages are easiest to determine, things such as medical bill and the amount of work wage lost. Subjective damages, however, are not so easily identified and include things like lessened quality of life.
Amount of Insurance
The defendant’s liability limits is another method used to determine the amount of damage a motorcyclist gets. If the defendant does not have many other assets, the settlement will likely not go over those limits. Even if the costs exceed the liability limits, a motorcyclist cannot expect to be able to collect on it all. In some cases, it is easier to just accept an offered settlement, even if it is less than the actual damages.
There is a lot that motorcyclist have to overcome with lawsuits. And this will vary state-to-state; a motorcycle accident in NJ will not be the same as one elsewhere in the country. It is important to be ready for just about anything in these lawsuits.