Motorcycle accidents can cause serious injuries and property damage. If you or someone you know has been involved in a motorcycle accident in Mississippi, understanding the value of your case is essential. Keep reading to learn about the factors that affect the value of a motorcycle accident case in Mississippi and how damages are calculated.
The Severity and Extent of Injuries
The severity and extent of the injuries sustained in a motorcycle accident greatly influence the value of a case. Generally speaking, more serious injuries result in higher settlements or awards from juries than less serious injuries.
When assessing any kind of personal injury claim in Mississippi, courts strive to restore victims as close as possible to their pre-accident status by compensating them for their losses.
Medical Treatment and Expenses Incurred
The medical treatment required following a motorcycle accident is an important factor in determining the value of a case. A victim may require multiple doctor’s visits, hospital stays, physical therapy sessions, medications, assistive devices such as wheelchairs or crutches, etc., all of which are taken into consideration when determining damages.
Additionally, if future medical care or treatments are necessary due to the negligence or fault of another party involved in the accident, those costs may also be included in any settlement or award amount.
Duration and Impact of Recovery Period
Another factor is the amount of lost wages due to time off work for treatments or appointments, as well as pain and suffering caused by physical limitations resulting from the injury.
For example, if a victim requires long-term care due to an injury sustained during a motorcycle accident that restricts their ability to participate in activities they were previously able to – like play sports or participate in certain activities with their kids – these losses should be taken into account when calculating and awarding damages.
Property Damage
If there is significant property damage—such as serious structural damage to your bike or damaged phones/laptops—it could increase the value of your case significantly, as you should be able to recover costs for all damaged property.
Fault and Negligence
The concept of “fault” or “negligence” is vital to any personal injury case. When it comes to motorcycle accidents in Mississippi, fault can be attributed both to the motorcyclist and the other driver involved in the collision. Each party’s actions leading up to the accident will be evaluated and a determination will be made about each party’s degree of responsibility.
In Mississippi, motorcycle accidents are governed by pure comparative negligence, meaning a victim can recover compensation if they are at fault, but anything they recover will be reduced by their percentage of fault.
For example, if a motorcyclist is found to be 40% responsible for an and is awarded $100,000, they will take home 60%, or $60,000.
Under pure comparative negligence, a victim can recover compensation even if they are up to 99% responsible for the injury.
Assessing damages resulting from a motorcycle accident can be complex, but it is important for victims seeking compensation for their losses after an accident to understand how their case will be evaluated. For help with a motorcycle claim or any type of personal injury, contact us today to schedule a free consultation with a Mississippi motorcycle accident lawyer.