If you or a loved one are injured or sustained property damage in a motorcycle accident caused by the negligence of another party, you may be able to recover compensation for your losses. However, it is tough to understand what a “good settlement” should look like. We strongly recommend that you reach out to a skilled motorcycle accident lawyer who can help you with this entire process, including dealing with the insurance carriers on your behalf.
There are many factors that should be examined when deciding whether or not a settlement is “good” or not, but the ultimate goal of any type of personal injury settlement negotiation or lawsuit is to help the victim receive the compensation needed to be made “whole,” or as close to the health and condition they were before the incident.
The reality is that evaluating what a good settlement will be is something that must be examined on a case-by-case basis. Some of the factors that should be included in a good settlement include:
A good motorcycle settlement should also factor in any emotional and psychological trauma a motorcycle accident victim has endured. It is not uncommon for victims to experience feelings of stress, anxiety, and fear, and even symptoms of post-traumatic stress disorder (PTSD).
The first step in most motorcycle accident claims is filing a claim with the insurance carriers involved. A motorcyclist may file a claim with their own carrier, but ultimately, it is the at-fault driver’s insurance carrier that should be on the line for payment of compensation.
Insurance carriers are going to do what they can to limit how much compensation they pay out to a motorcycle accident victim, even if a person is not at fault for the incident. Their goal is to protect profits, not necessarily protect the injury victim. Insurance carriers will likely offer low settlements, to begin with, but these are negotiation starting points. When you work with a skilled motorcycle accident lawyer, you will have an advocate who can help obtain a better settlement from the insurance carriers.
In some situations, the insurance carrier may deny the claim or refuse to offer a fair settlement amount. When this happens, a motorcycle accident victim may need to file a civil personal injury lawsuit against the at-fault party. This will put the case into the civil court system. Personal injury lawsuits could take quite some time to conclude, but this may be the only way to recover a “good” settlement. In many cases, claims get settled during the discovery process as more evidence and information come to light, but if the other party refuses to settle, a jury trial will likely become necessary.
Again, we encourage you to follow the advice of your motorcycle accident lawyer when trying to determine the best route for recovering a good motorcycle accident settlement in California.