Settlement Factors in a North Carolina Motorcycle Wreck Case
Most people involved in a North Carolina motorcycle wreck immediately want to know how much their case is worth. There are too many unique factors to allow anyone to predict the settlement or trial verdict value of a North Carolina motorcycle wreck case, but this article discusses some of the main considerations that may affect the value of a claim.
The Type of Injuries
A huge factor in determining the settlement or trial verdict value of a North Carolina motorcycle wreck claim is the type of injuries sustained by the biker. Many North Carolina motorcycle wreck cases involve serious life-altering injuries or death to the biker.
Focusing on injuries, there are generally two types of injuries for consideration – permanent injuries that will affect the biker for the rest of their lives and injuries from which the biker maintained a full recovery.
Permanent injuries will typically increase the value of any North Carolina motorcycle wreck claim. However, with some permanent injuries, it may be necessary to obtain an opinion from a doctor describing the permanency of the injuries. Of course, this is not always true and there are some tragic cases where the injuries are so severe, such as a loss of limb or paralysis, that the permanent nature of the injuries is obvious. Nonetheless, if the case is proceeding to a trial, most lawyers will request that a doctor testify about the injured biker’s severe permanent injuries.
Non-permanent injuries can be significant even though not always as valuable as permanent injuries in a NC motorcycle wreck case. Injuries such as a road rash or a broken bone which has completely healed are significant in some cases. In the case of severe road rash, having photographs of the road rash following the wreck is very important because these types of injuries are often healed by the time a motorcycle wreck case reaches the courtroom.
Other damages for the motorcyclist such as lost wages can also impact the settlement or trial verdict value of a motorcycle wreck claim. When establishing these types of damages requires solid documentation of the earning
The Likelihood That the Other Driver Will Be Found Liable For the Wreck
Another significant factor in determining the settlement or trial verdict value of a North Carolina motorcycle wreck case is the likelihood that the other driver will be found liable for the wreck.
For instance, if the wreck involves a collision between a motorcycle and a vehicle travelling in opposite directions on a two-lane road, there is often a dispute as to which vehicle crossed the center-line and caused the wreck. If there are eyewitnesses to the collision that support the motorcyclist’s claim, this will greatly enhance the value of the case. If there are no eyewitnesses and the case comes to do which driver is more believable, then this also can affect the value of the claim.
Another important factor can be the behavior of the other driver. If the other driver was impaired or otherwise engaged in improper behavior at the time of the wreck, this can serve to increase the value of a North Carolina motorcycle wreck claim.
The Amount of Insurance or Other Funds Available to the Injured Biker
In a case where the other driver does not have significant assets, a significant limiting factor on the value of a North Carolina motorcycle wreck claim will be the amount of insurance available to pay the claim.
Unfortunately, under North Carolina law, a driver is only required to maintain $30,000 of liability insurance and this is often not nearly enough to compensate an injured biker for their injuries. If the other driver does not have enough insurance, an injured North Carolina motorcyclist may look to other sources of insurance, frequently called underinsured motorist or UIM insurance, as a means of recovery.
Our North Carolina Motorcycle Wreck Lawyers Can Discuss the Value of Your Case
If you have a question about the value of your North Carolina motorcycle wreck claim, call the lawyers at Hendren Redwine & Malone at 919-420-0475 for a free consultation.
