Motorcycle Accident Claim Settlement in Alpharetta: Knowing What to Expect
Riding a motorcycle to explore Alpharetta offers an exciting and economical means of transportation. But despite the benefits of this type of rid, traffic fatalities that involve motorcycles do happen. Motorcycle riders are quite exposed to the surroundings and do not have enough protection when a collision occurs. A lot of riders get thrown off their ride when hit by a bigger vehicle. That is why motorcycle accidents can lead to catastrophic and even deadly injuries. If you have been injured in this type of accident, you may want to pursue an injury claim that covers all the losses that resulted from the crash. As a claimant, you may wonder how much settlement you can expect. A Ponton Law attorney can give you an idea of the possible worth of your claim and make sure you avoid mistakes that can ruin your chances of securing the full compensation you deserve.
Establishing Elements of Negligence
To have a valid personal injury claim against the party responsible for the accident and your injuries, you must prove their negligence caused the crash. The following are elements of negligence that must be established to prove liability:
- Duty of care. Every driver in Alpharetta has a duty to drive their vehicles safely. Such duty is a basic expectation that every driver owes to one another while on the road.
- Breach of duty. You need to show that the other driver breached their duty of care by failing to uphold the standard of safe driving. Such a breach could happen because of actions such as not yielding, reckless driving, speeding, and other traffic violations.
- You suffered injuries. You must demonstrate that the breach resulted in your injuries. Expert testimony, medical records, and other pieces of evidence can show the extent and nature of your injuries.
- Causation. You should establish a direct connection between your injuries and the breach of duty. It’s not enough to just show your injuries happened. You need to have evidence that the actions of the other driver directly caused your injuries.
Factors that Impact Your Settlement
Your motorcycle accident settlement will be influenced by the following factors:
- The seriousness of your injuries. How serious your injuries will shape your possible settlement amount. Typically, the more serious the injuries the higher your medical expenses, pain and suffering, and lost wages. As a result, you will demand bigger compensation from the at-fault party or their insurer. The consequences of catastrophic injuries usually translate to bigger settlements, which reflect the profound effect on your life.
- Your economic damages. These damages cover concrete monetary losses and different aspects such as the following:
- Medical expenses. This includes the cost of your medical treatment, covering rehabilitation, surgery, and ongoing care. It reflects the monetary toll of your injuries.
- Property damage. This covers the cost of repairing or replacing your motorcycle or its components.
- Lost wages. This covers regular wages, overtime pay, commission, and bonuses you might have earned if the accident had not happened. It quantifies the direct effect of your injuries on your income.
Your attorney will substantiate your economic damages by presenting documentation such as medical bills, repair costs, property damage documentation, prescription receipts, employment contracts, pay stubs, and expert opinions on future economic losses.
- Non-economic damages. They cover your subjective losses such as pain and suffering, loss of life enjoyment, and emotional distress. Evaluating such damages involves a thorough examination of the seriousness of your physical and emotional trauma. The insurer or court takes into account factors like the intensity and duration of your pain and its long-term effect on your quality of life. Substantiating these damages requires the presentation of your mental health records, photos and videos, journal entries, expert testimony, and statements on the effects of the accident on your life.
