After you have suffered serious injuries in a motorcycle accident, the thought of bringing your case to court may be overwhelming.
Attorney Randall Sevenish, founder of Sevenish Law Firm, P.C. is an avid biker who loves the thrill of the open road as much as any other motorcyclist. For this reason, you can trust that Mr. Sevenish and his team are prepared to help you fight for maximum compensation in your motorcycle accident case.
Factors That Can Affect your Case
If you are going to be courageous and seek compensation, you want to make sure your efforts are going to pay off. But there are multiple factors that can affect your motorcycle accident injury settlement, including:
- Sharing fault for the accident
- Reckless driving
- The severity and type of your motorcycle accident injuries
- How much insurance coverage the liable party carried
- The stigma surrounding motorcyclists
Here is more about how we can help you handle the common factors impacting Indiana motorcycle accident injury settlements and verdicts.
For a free legal consultation, call 317-636-7777
What Happens When You Share Fault for Your Motorcycle Accident Injuries?
One of the biggest factors that can have an impact on your motorcycle accident claim and injury settlement is sharing fault for the accident. Fortunately, Indiana is not a pure contributory negligence state. Here, if you share fault for your injuries, you are prohibited from seeking compensation in civil court.
But under IC 34-51-2, Indiana is a modified comparative negligence state. This means that you can share fault for your injuries and still seek recovery of your damages in civil court. However, Indiana follows a fifty-one percent bar rule. You are only allowed to share up to fifty percent of the fault for the accident and still seek compensation in civil court.
What does This Mean for Your Case?
If you share fault for your motorcycle accident injuries, whether it be because you failed to wear appropriate motorcycle safety gear, or were speeding, for example, it can have a serious effect on the amount of your injury settlement.
You can expect your percentage of fault to be deducted from your motorcycle accident claim. If you were ten percent liable for your injuries, expect to see a ten percent reduction in your motorcycle accident settlement.
The Type and Severity of Your Motorcycle Accident Injuries
Your motorcycle accident injury settlement also depends on the type and severity of your injuries. Many people are quick to assume that only individuals who suffer life-threatening or catastrophic injuries in motorcycle accidents can take legal action.
The type of injury you sustained is not necessarily what will determine whether you have the right to compensation, though. Instead, what matters is the many ways your life changed due to your injuries. For example, you may have suffered a road rash injury and a concussion in your motorcycle accident, along with a broken arm.
You might think a broken arm does not warrant a civil lawsuit, but if your broken arm has had a significant impact on your life, then it may be necessary and appropriate. For example, if you suffered lost wages due to your broken arm and were unable to work for the duration of your injury, you may recover those lost wages in your motorcycle accident claim.
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The Liable Party’s Insurance Coverage
One factor that many people fail to take into consideration is that the insurance company is not obligated to compensate you for every single loss you have suffered. You may have the right to recover every single loss, but the insurance company is only required to pay out up to the limits of the insurance policy holder’s policy.
If your damages exceed the limits of their policy, the insurance company is still only required to pay out up to the limits of the policy. For example, if the liable party only carried $50,,000 in bodily injury liability coverage, as required under IN Code § 8-2.1-19.1-8, but your medical expenses amounted to $150,000, the insurance company may only be required to pay out a maximum of $50,000.
In cases like these, you may need to be prepared to bring your case to civil court if you hope to get the most out of your motorcycle accident claim.
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Motorcyclists can face difficulty obtaining compensation due to the stereotypes surrounding them. When you are filing a motorcycle accident claim, the insurance company may work to shift the blame onto you.
If the insurance company argues that you are a “reckless biker” who has no regard for their own safety or others on the road, they may be able to get away with reducing or denying your motorcycle injury settlement. An attorney from our firm can step in and counter the insurance adjuster’s determination of fault.
Make Sure to See a Doctor After Your Accident
You will want to seek a medical assessment immediately after your motorcycle accident. Your injuries could be severe, and treatment can help you reach your maximum medical recovery. The longer you wait to start, the worse your condition may grow.
Furthermore, medical documentation can support your claim for compensation. Your doctor can help your motorcycle accident lawyer link the crash to your injuries. They can also help us calculate your losses, which may include ongoing medical care.
Consider Our Motorcycle Accident Lawyers in Indianapolis Today
Motorcycle accidents are often catastrophic. If you hope to recover the compensation you need to get through these tough times, you need to be prepared for the major factors that could influence your payout.
Contact our experienced Indianapolis motorcycle accident lawyers at Sevenish Law Firm, P.C. to get started on your claim today. You can get a free, no-obligation consultation when you call our office at (317) 636-7777.