Your Settlement Hinges on Cost Analysis
In a motorcycle accident case, it is proper to settle when the cost of proceeding to trial is not likely to outweigh future recovery of damages. This means that if the cost of moving forward is likely to be high, it may be better to settle.
However, this cost analysis is difficult to perform. Motorcycle accident victims may be entitled to a number of types of damages and if an insurance company or defendant refuses to pay them, it may be wise to proceed to trial. On the other hand this move is always a gamble because a jury or judge is not guaranteed to award these damages.
Trials are costly events, so it is important to weigh the probability that a judge or jury will award damages against the overall cost of a trial. If the balance of probability rests with the plaintiff, he or she may wish to go to trial. On the other hand, if it is likely the plaintiff will receive no more money by going to trial, it is wise to settle.
Posted in: Motorcycle Accidents