The Possibility of Finding the Fault of the Defendant
In case you are involved in a personal injury lawsuit or an insurance claim, you may have doubts regarding the value of your settlement. While this involves several factors, there are other aspects like the likelihood of the defendant to be found liable. Below is a discussion regarding the same. It is advisable to get the assistance of the motorcycle accident attorney in such an event as they would guide you with the legal proceedings in the best way.
Likelihood That the Defendant Will Be Found Liable
The possibility of judging the defendant liable in the trial for the traffic accident is very important. In case the plaintiff has very little evidence regarding the fault of the defendant for the motorcycle accident injuries, this decreases the value of the settlement by a considerable margin.
Even if the potential damages are high in value, the defendants are more inclined to take their chances during a trial and less willing to settle when there is a clear dispute regarding the fault. In the same way, the plaintiff would be more interested to accept the low settlement as they run the danger of not receiving any settlement after the trial.
Another factor that affects the prediction if the jury would be able to prove the liability of the defendant is the inclination of the juries. They are usually not in favor of the motorcycle riders due to their reputation in society as the ones to blame. However, this does not mean that the plaintiff riding the motorcycle would always be the one to take the fault. This conception lowers the chances of the plaintiff if the defendant has certain evidence against them.
Amount and Availability of Insurance
In case the defendant has assets, the settlement would not exceed the limits of liability in the auto insurance of the defendant. Jury verdicts sometimes go beyond the insurance liability limits. This, however, does not mean that the plaintiff would be allowed to collect the complete amount of the verdict. If there are no alternatives for the plaintiff to collect the money, their best option would be to settle for an amount that is equivalent to the insurance coverage limits, even though the damages might have caused greater destruction and is easy to prove.
Overcoming Bias and Prejudice against Motorcyclists
Personal bias and societal conception are not supposed to influence the verdict of a case in compensating the motorcyclist who is injured. However, since it is not possible to completely get rid of human nature, it is important to prove the liability of the defendant to receive the compensation that the motorcyclist deserves.