How Much Is a Motorcycle Crash Claim Worth When the Rider Is in Critical Condition?

A motorcycle crash claim can be worth millions if serious harm and physical injuries, pain, and suffering occurred to the victim. However, most civil litigation is processed via claims by an auto liability policy, and while the harms and losses are worth much more than a insurance policy, a civil litigant may only recover up to the extent of the limit of a policy.

Recovering More Than the Policy Limit

There is such a thing in the State of Texas of recovering more than what an insurance policy has in limits of liability under a Texas Supreme Court landmark 1929 case G.A. Stowers Furniture Co. v. American Indem. Co. However, several things need to be proven. One of those is that the liability insurance company did not act reasonably with regard to settlement negotiations even after liability was reasonably proven, and a demand was made within the policy limits. In order to recover a greater amount more than the policy, trial would need to conclude with a verdict of 10 of 12 persons agreeing to compensation greater than the policy limit.

How Texas Juries Decide Compensation

In Texas, those 12 people would decide what the compensation model is, and 10 of 12 would need to unanimously agree on what compensation the victim deserves for past, pain, suffering, mental anguish, medical expenses, and future reasonably probable medical expenses, future pain, suffering, and mental torment, and other elements if applicable such as loss in consortium (loss in the happiness of a marriage), and disfigurement (past and future) such as scarring.