Victim’s Leg Severed in Biloxi Motorcycle Crash: Valuing Personal Injury Claims
A man lost his leg in a horrific motorcycle accident that occurred in the early morning hours of April 21, 2017 in Ocean Springs, MS. Biloxi’s ABC affiliate WLOX News reported that a Ford F-150 was traveling in the right lane of Highway 90 when it was struck from behind by the motorcycle. While the driver and passengers in the truck were uninjured, the motorcyclist was projected approximately 200 feet from the site of the accident. A police spokesperson stated that the man’s leg was severed from his body when officials arrived at the scene of the incident, but the investigation continues. The victim was initially taken to a local hospital and then airlifted to USA Medical Center in Mobile.
Injuries in a motorcycle accident can be much more severe for the operator due to the lack of protection, but the story raises questions about placing a value on the losses. Losing a leg goes beyond simple bruises and contusions, but there’s much more to the formula.
Determining Non-Economic Damages
Some losses are easy to establish because they’re ascertainable by documentation. Medical expenses and lost wages fall into the category of “economic” damages, because you can use invoices or pay stubs as evidence. In an action based upon negligence, you may also be able to recover compensation for pain and suffering, loss of relationships and experiences, and loss of future wages – all of which are considered non-economic damages. These aren’t provable by paperwork, but a victim will still sustain losses.
Common Formulas Used By Insurance Companies
It’s common to approach the responsible party’s insurance company in an attempt to settle your case, rather than limit your options to litigation. However, in the absence of documentation to prove non-economic damages, insurers must use a formula when entering into settlement discussions. While the exact calculation varies by insurance carrier, many companies will add up all economic damages and then apply a multiplier; this amount is a baseline for initiating settlement talks. The multiplier may range from 1.5 to 5 times your economic damages, depending on your injuries. In more severe cases – such asthe loss of a limb or death– the multiplier will be higher.
Comparative Negligence Issues
If your conduct contributed to the accident, your financial award may be reduced if you take your case to court. Insurance companies consider this comparative negligence in negotiations as well, based upon the percentage of fault. You can expect the value of your personal injury claim to be lower if your own actions were to blame.
Involved in a Motorcycle Accident? A Biloxi Personal Injury Attorney Can Help
Injuries can be much more serious in a motorcycle accident, as the recent incident in Ocean Springs proves. The valuation formula for different injuries, including a severed leg, is helpful for giving you an approximate idea of the amount of a damages claim; however, only an experienced personal injury attorney can assist you with getting the highest amount of compensation available under Mississippi law. For more information on motorcycle accidents, please contact the Biloxi, MS Law Offices of Judy Guice. We can answer your questions or schedule a free initial consultation to discuss your situation in more detail.