Were you injured in a rear-end motorcycle accident due to someone else’s negligence? If so, you may be wondering how much your accident claim is worth. Since each motorcycle accident case is unique, the value of each claim differs from case to case. A personal injury attorney cannot calculate how much your claim is worth until he or she has first conducted a thorough investigation into your accident.
Tom Kiley, Sr., has been practicing law for over 40 years and riding motorcycles even longer. As a fellow motorcycle enthusiast, he is proud to represent motorcycle accident victims and their families. Our legal team understands the complexities surrounding these types of cases and has the experience and knowledge needed to help you recover the compensation you need to get your life back on track after your accident.
If you were injured in a rear-end motorcycle accident and would like to know how much your claim is potentially worth, contact Kiley Law Group today. We can answer any questions you may have, inform you of your rights, and determine whether you have a valid claim for compensation. Call us 24/7 to schedule a free case consultation.
Factors That Affect the Value of Your Massachusetts Rear-End Motorcycle Accident Claim
There are several factors that your Massachusetts motorcycle accident lawyer will take into consideration when calculating the value of your claim.
Severity and types of injuries
A person who suffered a minor injury that does not require extensive medical treatment will probably not receive as much compensation as a person who has suffered catastrophic, life-altering injuries.
Some injuries may significantly increase the value of a claim, such as:
- Traumatic brain injuries
- Loss of vision
- Lost limbs
- Loss of hearing
The cost of medical treatment, lost income, pain and suffering, and other damages are greater with a severe injury than with one that may fully heal in a matter of months.
Who is liable for the motorcycle accident
Did your actions partially contribute to the rear-end motorcycle accident? If so, this could reduce the value of your claim. In order to recover full compensation for damages caused by a motorcycle crash, you must be able to prove that the other party was entirely to blame for the accident.
Massachusetts uses the 51 percent comparative fault rule. This means that the award for damages a plaintiff receives is reduced depending on that party’s degree of fault. If the degree of fault is over 50 percent, you cannot recover money for damages from the other party.
Available insurance coverage
The Commonwealth of Massachusetts requires the following insurance coverage for both the operation of a motorcycle or car:
- $20,000 / $40,000 for bodily injury
- $5,000 for property damage
- $20,000 / $40,000 for uninsured motorist bodily injury coverage
The insurance company is only required to pay your claim up to the policy limits. If you were severely injured in the accident, your medical costs are likely to exceed the minimum coverage amount.
Statements made after the accident
Statements made at the scene of the accident can affect the value of your claim. Be careful never to apologize or admit fault after the crash. Even innocent remarks such as “I’m sorry,” can be construed as an admission of fault.
You may be surprised how quickly you hear from the other party’s insurance company after the accident. It is recommended to say as little as possible to the insurance adjuster. The more that you talk to that person, the greater the chance that you will say something that could be twisted to deny or undervalue your claim.
Insurance companies tend to use pre-existing conditions as a way to undervalue car and motorcycle accident claims. They may argue that your previous illness or injury is the cause of your current condition.
Do not allow the insurance company to pressure you into a low settlement because of a prior health condition or injury. While having a prior injury may complicate your case, it does not mean you can’t recover compensation for a motorcycle accident claim.
Be sure to tell your rear-end motorcycle accident attorney about your medical conditions or prior accidents.
Prompt medical attention
Seeking medical attention immediately following a rear-end motorcycle accident is best for your health and also improves your odds of recovering maximum compensation for your injuries.
If you fail to seek medical care following an accident, the insurance company may argue that delayed treatment worsened your condition. They may then try to state that you did not try to minimize damages, making this excuse to reduce the value of your claim.
Available Damages Following a Rear-End Motorcycle Accident
If the driver who rear-ended you acted negligently, a Massachusetts motorcycle accident lawyer may be able to help you recover compensation for your injuries. After taking on your case, your lawyer will conduct a thorough investigation into the accident, determine who was responsible for the incident, and file a lawsuit or claim against that party.
Depending on your own unique situation, a motorcycle accident lawyer could help you recover damages for:
- Medical expenses: These damages could include compensation for ambulance rides, hospital stays, surgeries, scans, medications, physical therapy, and more.
- Lost income: If you were unable to return to work while recuperating from injuries sustained in the motorcycle accident, you may be able to add this loss to your claim.
- Diminished earning capacity: Your injuries may force you to reduce your hours at work or take a lower-paying job. The difference between how much money you made before the motorcycle accident and how much you are able to earn afterward may be compensable.
- Property damage: If your motorcycle was damaged from being rear-ended, you may be able to recover money to repair or replace it.
- Pain and suffering: These types of damages are awarded to compensate for the physical and emotional pain a person has suffered as a direct result of the accident. Your personal injury lawyer can determine if you qualify for these damages and explain how the amounts may be calculated.
Contact a Massachusetts Rear-End Motorcycle Accident Attorney Today
While you are recovering from your injuries, it may be tempting to accept the first settlement amount the insurance company offers. Keep in mind, though, that this may be far less than your claim is actually worth. You may not fully realize the medical expenses that you will face down the road as a result of your injuries.
The motorcycle accident attorneys at Kiley Law Group will know how to accurately calculate the value of your losses. We can stand by your side throughout the duration of your case and ensure that you receive the just and fair compensation you are entitled to.
If you or someone you love was injured or killed in a rear-end motorcycle accident caused by someone else’s negligence, contact our law firm today. Our personal injury lawyers can inform you of your legal rights and tell you how much your motorcycle accident claim may be worth.
We offer all potential clients a free case review. Schedule yours today by calling us 24/7 at 888-435-1321 or filling out the online contact form.