What is the Value of a Motorcycle Accident Injury Claim?
In today’s society, especially when compared to that of decades past, there are more vehicles on the road than ever before. When we are discussing a place like New York City, and even its surrounding suburbs, we are living in one of the most heavily populated regions in the country, and with so many individuals living in the area, its no surprise the sheer number of cars that are on the road, and the amount of traffic that we see on a daily basis. Whether its cars, trucks, 18-wheelers, motorcycles, and even bikes, New York City is home to some of the most congested streets in the country. And when you take that into account, it makes sense that year over year, we have seen a fairly sharp increase in the number of motor vehicle accidents occurring – and this isn’t just your average four-door family car, but its everything from the giant commercial trucks delivering toilet paper and other goods to stores around the country, to motorcycles and bicycles. According to the team at Levine & Wiss, the best bike accident lawyer Manhattan has to offer, motorcycle accidents are becoming far more prevalent than ever before, even though some studies indicate that there are less of them on the road. The fact is that many believe that because we are less likely to see them in New York City, as we used to, that people – especially new drivers, are unaware of how to drive alongside them as well, and to do so in a manner that is safe and convenient for either party. As the best motorcycle accidents lawyer Manhattan has in practice, Levine & Wiss has taken on quite a few motorbike cases over the years, and one thing they have noticed is that a fair number of riders, are unaware of the laws at play, and what their rights are in the event of an accident. Therefore, in this article, we will be exploring motorcycle accident cases and trying to understand where their value comes from.
Liability & Damages
The fact is that when it comes to any type of personal injury lawsuit, specifically any type of a motor vehicle claim, the facts are fairly similar, no matter what type of vehicle you are in, but there are some differences as we all know a bike is far different from being in a car. According to the best motorcycle accidents lawyer Manhattan has to offer in Levine & Wiss, this can make valuing such motorcycle accident cases somewhat difficult. Like other similar cases, in order to value them you need to take into account two major factors – liability and damages. Liability refers to who was actually at fault for the accident, and who acted negligently and against the rules of the road. In some cases, where no liability can be found, because either the person who hit you was not negligent, or because you simply can’t prove that the other driver was negligent, the case will not be worth very much. According to the team at Levine & Wiss, the best bike accident lawyer Manhattan has to offer, this is because the burden of proof always lies on the plaintiff, and they must prove the defendant acted negligently. In a case in which the other party wasn’t negligently, an accident can still happen, but they will not owe you as much.
The other factor of such cases has to do with the damages that are at play. Damages have to do with the injuries that might have occurred as a result of the accident – the more significant those injuries, the higher the amount of compensation you will be entitled to. According to the team at Levine & Wiss, the best motorcycle accidents lawyer Queens has to offer, when combined, liability and damages make up the major value of your case. And while there are definitely other factors at play here, without strong cases in proving either of these factors your case is likely not worth very much.
Settlements Versus Trial Wins
Now the other major factor at play when deciphering the value of motorcycle accident cases is whether or not you choose to go to trial, or accept some type of a settlement offer from the defense. Generally, according to the team at Levine & Wiss, the best motorcycle accidents lawyer Queens has to offer, the settlement value is much less than what you stand to gain as a result of a trial win. However, in many cases it may be the better option for a plaintiff, as it is a guaranteed figure, whereas in a trial you have the uncertainty of actually losing the verdict. Also, by avoiding trial, you will generally save a ton of money on court costs, and lawyer fees. The fact is that the moment you must go to court, and are taking things to trial, your lawyer will charge you vastly more money than the initial proceedings. According to the team at Levine & Wiss, the best motorcycle accidents lawyer Manhattan has to offer, the decision of whether or not to go to trial or not is up to the plaintiff, but they will certainly give their opinions – as some cases are more so thought to be a “slam dunk” win, while others might be more subjective. Also, in some situations if the settlement figure is just too low, and the defense will not negotiate further in your favor, it might be a better option to go to trial. But generally, a settlement is best for both sides, as it saves the defense some money, and saves everyone the time, stress and costs associated with trial. Plus, in many instances, when you actually take into account all costs, a plaintiff may actually have broken even by going to trial once they pay off the additional lawyer fees and everything else. For more information on motorcycle accident cases, be sure to contact Levine & Wiss today.