But how do you determine how much your claim is actually worth? There is no easy answer. Most claims result in a settlement, where the amount the plaintiff settles for is in-between their total estimate for their injury costs — known as “damages” — and what the insurer prefers to pay, which is as close to $0 as possible. The stronger the insurer feels your claim is, the more they are willing to settle for a higher amount.
Because of this variable nature, your injury claim worth will ultimately be decided by three things: your expenses related to treating the injury, other expenses and non-monetary consequences of the injury, and your motorcycle accident attorney in San Francisco’s ability to convince any defendants that your case has merit.
1. The Actual Medical Costs of Treating Your Injury
The first number to establish with a motorcycle accident case is the actual, direct costs of treating the injury you sustained. The bulk of this number can be gleaned directly from hospitable bills and doctor’s invoices, but injury victims can still account for smaller, itemized expenses as long as they can justify their relation to the injury itself.
The direct costs of treating an injury are known as “special damages” in the legal field, and they require a bit of number crunching to get at. Costs that are easily overlooked, like parking fees and gas for reaching your doctor’s office, can be added in as long as they are related to the injury itself.
When weighing if a cost is related, you can answer two simple questions:
- Would I be getting billed for this or paying for it out-of-pocket if I hadn’t been injured?
- Are these costs completely necessary and beneficial to the healing process?
Both questions should be considered when claiming an expense as part of your overall injury claim. For instance, over-the-counter medicines like ibuprofen can have a clear link to treating your injury, but if you bought a soda and some candy to feel better mentally, you cannot claim that expense since its benefits are not directly medical.
2. Your Expenses Related to the Injury
Aside from direct costs and “special damages,” injury victims also have related costs to their injury known as “general damages.” These can include non-monetary expenses like pain, suffering and emotional distress. If you have a permanent disability or disfigurement as a result of the injury, you may also be able to claim general damages for that, too.
All non-monetary damages are weighed as a percentage in relation to the total tab for your direct “special damages,” meaning that the more severe your injuries are, generally the more you can claim.
In addition, injury victims can claim monetary costs that are not directly related to medical treatment as part of general damages. Since some injuries cause victims to miss work, lost wages will be one of the most important damages to claim so victims do not get behind on bills. Sometimes, you may also be able to get attorney’s fees included in your settlement depending on the case and the insurer.
3. The Effectiveness of Your Motorcycle Accident Attorney in San Francisco
Persuasiveness will be the third factor in your motorcycle injury claim value and possibly the most important. Insurers and defendants may try to argue that the accident was not their fault or that you are claiming expenses you do not need in order to heal properly.
The stronger your argument is in terms of evidence, knowledge of the law and simple logic, the less leverage the defense has with their own arguments. They will therefore be more willing to settle closer to your amount so as not to risk paying even more. On the other hand, if they think your argument is weak, they will attempt to strongarm you and offer little to nothing since there is a lower risk of them picking up the full tab. This adversarial nature makes having an experienced motorcycle accident lawyer extremely important for getting as much compensation as possible for your injury.
If you have been injured in a motorcycle accident in California, you can contact Gruber Law Group today to give your case a higher chance of success. You will receive a free consultation, so call us using the number above or submit the contact form below to get started.
Meta: Learn how much you can claim for a motorcycle injury as well as the importance of having an experienced motorcycle accident attorney in San Francisco.
KWs: motorcycle accident attorney in San Francisco