The best negotiation tactic if you or a loved one has motorcycle accident injuries is to turn to an attorney for help.
Our Dallas motorcycle accident lawyers have vast experience representing motorcycle accident victims. Our attorneys will provide you with expert legal advice while working work diligently to reach a fair and just resolution of your claim.
Contact Dan ‘The Wreck Man’ at 888-2-WRECKMAN today to schedule a free consultation and learn how we can help you with your motorcycle claim if you or a loved one had motorcycle accident injuries or were killed in a motorcycle accident.
Negotiate a Claim for Motorcycle Accident Injuries
What Is Your Motorcycle Claim Worth?
The case value of motorcycle accident injuries is dictated by several factors, including arguments raised by the insurance adjuster. Therefore, you should beware of injury attorneys who immediately try to guarantee you results or tell you what your case is “worth.”
One of our experienced motorcycle accident lawyers will personally analyze each and every element of your case and personally craft the settlement proposal submitted to the insurance company(ies) on your behalf to ensure maximum compensation.
Dan ‘The Wreck Man’ offers clients a contingent contract with no attorney fees due unless we obtain you a recovery. We are on your team and our primary goal is the same: Obtain the highest possible settlement available.
What Issues May Impact Motorcycle Claim Value?
Many factors can influence the value of a personal injury claim for motorcycle accident injuries, including:
- Arguments raised by the insurance adjuster/defense attorney;
- Gaps in medical treatment;
- Comparative negligence;
- Subjective injuries (soft-tissue and sprain/strain) vs. Objective injuries (broken or fractured bones);
- Amount of medical bills incurred;
- The amount of future expected medical bills;
- Liability factors (Defendant on the telephone at the time of motorcycle wreck, for example); and
- Emotional aspects of your story (For example, if the collision caused you to lose your house).
The Insurance Company Will Likely Argue That You Were Also Negligent
They are highly likely to do so. Insurance companies are aware that people often hold biases against bikers, assuming they all engage in speeding. In an attempt to establish comparative negligence, the insurance company will make arguments suggesting that you, in some way or another, were also negligent. They may claim that you were speeding, inattentive, or should have exercised more caution when proceeding through an intersection.
If it is determined that you were indeed negligent in the motorcycle accident, the total damages awarded will be reduced by the percentage of fault attributed to you. For instance, if a jury awards you $250,000 in damages but determines that you were 40% at fault, the final verdict would be adjusted to $150,000.
Can You Recover Damages if You Are More Than 50% Responsible for the Motorcycle Collision in Texas?
No. In Texas, you can only recover damages if it is argued or a jury determines you were not more than 50% at fault.
Insurance Companies Regularly Dispute the Amount of My Medical Bills?
Yes. Insurance companies employ “independent” doctors (who primarily work with insurance companies) to conduct peer reviews. These hired professionals, along with the insurance adjuster, are likely to contend that some portion of your medical treatment was unnecessary or that certain aspects of your medical bills were unreasonable.
Are Damages Still Recoverable if the Accident Aggravated a Pre-Existing Injury?
Yes. In Texas, the “Eggshell Plaintiff” doctrine is recognized. In essence, it means that you must accept the plaintiff as they are. This means that if a person is more susceptible to injury due to a pre-existing injury or condition, you are still liable for any additional damages that may arise. For instance, you may have had degenerative disc disease that was previously asymptomatic but became painful after the accident. Another example could be a prior injury that you had already recovered from but resurfaced after the accident.
Dan ‘The Wreck Man’ lawyers are well-versed in the “Eggshell Plaintiff” doctrine and frequently request prior medical records to provide evidence of the aggravation of injuries caused by a motorcycle accident. Our team of injury lawyers often aids clients in preparing witness fact affidavits from friends and family members, which detail how the specific collision subsequently impacted your of quality life.
Contact Dan ‘The Wreck Man’ – Dallas Motorcycle Accident Lawyer Today
Dan ‘The Wreck Man’ knows how hard it is for motorcycle accident victims to get back on their feet after being injured, and we know how important it is for you to get the justice and motorcycle claims you deserve so that you can move on with your life.
Call Dan ‘The Wreck Man’ – Dallas Motorcycle Accident Lawyer at 888-2-WRECKMAN.