There is no simple answer to the question of what the average settlement for a motorcycle accident is. Some cases may settle for a few thousand dollars, while others may be worth millions. Generally, the amount of compensation that a victim can receive for their injuries and other losses depends on various factors, including the injuries’ severity, the accident’s circumstances, and the parties’ insurance policies. Luckily, we will discuss more of these factors here. So, read on if you want to learn about them.
What Factors Affect the Payout for a Motorcycle Accident?
According to the NHTSA, a victim’s compensation for their injuries and other losses depends on various factors. Some of the most important ones include the following:
The Severity of the Injuries: The severity of the injuries sustained in a motorcycle accident is one of the most significant factors affecting the settlement payout. Typically, the more severe the injuries, the higher the compensation. A person who sustained relatively minor injuries or a few scratches will not require extensive medical treatment as someone who suffered severe injuries that require surgery. Severe injuries can include head injuries, broken bones, traumatic brain injuries, and spinal cord injuries.
Damages: Damages in a motorcycle accident can be classified into economic and non-economic damages.
Economic damages: Economic damages refer to the direct monetary losses the victim incurred due to the accident. These can include medical bills, lost income, property damage (the motorcycle), loss of earning capacity, and any other expenses resulting from the motorcycle accident.
Economic damages are easier to calculate in an accident as they have a fixed price. For example, if a victim incurs $30,000 in medical bills and $20,000 in lost wages due to an accident, the economic damages would be $50,000. Therefore, economic damages make up a large portion of the settlement payout.
Non-economic damages: Non-economic damages, also called general or intangible damages, refer to losses that are not directly measurable in monetary terms, such as pain and suffering, emotional distress, reduced quality of life, and loss of enjoyment.
Calculating can be challenging as you can’t assign a fixed dollar amount to intangible damages. However, non-economic damages can be determined by how much these injuries limit your capacity to engage in the social, personal, and work-related activities you enjoyed before the injury.
Location and jurisdiction: The motorcycle accident’s location and the jurisdiction’s laws can also affect the payout. For example, some states have caps on non-economic damages, while others do not. Also, some states follow the contributory negligence rule, meaning that if the victim is even 1% at fault for the accident, they may not be entitled to compensation. Finally, the court system in different jurisdictions can also impact a victim’s compensation.
How is Fault Determined in a Motorcycle Accident?
Every state has slightly different rules about determining who is at fault in a motorcycle accident.
Generally, the fault is usually determined based on the principle of contributory negligence, which refers to the idea that both parties may share some degree of fault in the accident. Comparative negligence allows the court to hold each party accountable and reduce the compensation in proportion to the degree of fault assigned to each party.
Determining fault in a motorcycle accident can be complex as several factors have to be considered, including:
● Traffic laws.
● Eyewitness testimony.
● Police reports.
● Vehicle damage.
● Weather conditions.
● Road conditions.
Do not rely on insurance companies to determine who is at fault in a motorcycle accident. They are only concerned about keeping as much of their money and offer you as little as possible. Instead, contact a personal injury lawyer to protect your rights and ensure you receive the full compensation you deserve.
How are Damages Calculated in a Motorcycle Accident Settlement?
The damages a victim can recover in a motorcycle accident settlement will depend on the specific damages resulting from the accident. Some of them include medical expenses, lost wages, and property damage. In addition, pain and suffering and other intangible damages will also be considered. However, calculating these intangible damages can be challenging. Therefore, an experienced motorcycle accident lawyer will use various methods to estimate your non-economic damages, such as the multiplier and per-diem methods.
The Multiplier Method: The multiplier method involves multiplying the number of your economic damages by a number representing the severity of your injuries to determine the compensation for non-economic damages. The multiplying number is between one and five, with three being the most commonly used.
The Per-Diem Method: The per-diem method is less popular than the multipliers method. It involves assigning a dollar amount to each day from the accident date and when you’re expected to recover fully to determine your monetary compensation.
What Is the Statute of Limitations for Filing a Motorcycle Accident Claim?
The statute of limitations is the period from the date of the accident in which a victim must file for compensation before their claim becomes invalid. This deadline varies by state, ranging from one to three years. However, filing the claim immediately after the accident is important to avoid losing the right to seek compensation for the damages.
Should I Hire a Lawyer to Help With My Motorcycle Accident Claim?
Hiring an experienced lawyer to help with your claim and protect your rights is highly recommended. An experienced motorcycle accident lawyer will assist you in gathering the evidence you need to support your claim, negotiating with the insurance companies, and navigating the whole legal process.
These lawyers will also help you calculate the worth of your claim accurately and ensure that you receive fair compensation for your injuries and losses.
How Long Does Receiving a Payout for a Motorcycle Accident Settlement Take?
Some motorcycle accident settlements can be reached quickly, while others may take several months or years to resolve. Each case is unique, and the time it takes to resolve them varies, depending on factors such as the amount of compensation you require, the number of parties involved, and the negotiation process. Also, cases involving severe injuries and huge amounts of money take longer to resolve.
Plus, if the lawyer cannot settle the case through negotiation with the parties involved, the case might be brought to court, and the time it takes to resolve the case will undoubtedly increase.
Can I Still Receive Compensation if I Was Partially at Fault for the Accident?
Yes, you can still receive compensation even if you were partially at fault for the accident. This is because many states follow a comparative negligence system, which allows victims to recover damages even if they were partially at fault for the accident. However, the compensation amount you will receive will be reduced by the percentage of fault that you bear. For example, if you were 20% at fault for the accident and the total damages were $100,000, the settlement payout would be reduced by 20% to $80,000.
Coleman Law Group can Help You
If you have been involved in a motorcycle accident, seeking legal advice as soon as possible is essential. An experienced motorcycle accident lawyer can help you navigate the legal processes and protect your rights while recovering from injuries and losses.
Thankfully, Coleman Law Group is always dedicated to helping you in such situations. Therefore, you should contact us now.