All parties have an interest in avoiding the time and expense that trials entail, which is why settlement agreements are reached in nearly every motorcycle crash case. The first step to securing the best possible deal out of a motorcycle accident settlement is to familiarize yourself with what to anticipate, how to proceed, and what you could do to increase the settlement amount you will receive. This article goes into greater detail about what to expect from a motorcycle accident compensation payout.
The Average Settlement Amount for Motorcycle Accidents
Since there's no such thing as an "average" motorcycle accident case, it's difficult to give an estimate for the settlement amount. Even similar injuries from similar accidents can result in very different outcomes if the injured parties have different careers. This explains why the potential payouts have such a wide range. Sometimes the amount you can get back is only a few dollars. In other cases, you could be able to recover more than $1 million.
Your legal fees should also be accounted for in the settlement sum. There are various ways in which the incident can cost you. They include:
- Medical expenses, including fees for future treatments like ongoing physiotherapy.
- Lost income.
- If your injuries will prevent you from working in the future, you could be entitled to compensation for "lost earning ability".
- Pain and suffering.
- Loss of consortium among loved ones.
- Damage to property.
If you shared some fault for the incident, your legal costs could also be decreased. If there's insufficient insurance coverage, you could additionally find it difficult to get the settlement you are entitled to.
It is crucial to seek legal counsel from a professional personal injury lawyer. You can submit a powerful insurance claim by developing a lawyer-client relationship with your attorney. If a reasonable settlement amount isn't offered, you have the option of filing a personal injury claim before your lawsuit's filing time limit runs out.
How to Calculate the Expected Settlement in a Personal Injury Claim
A settlement formula can be used to calculate your legal losses. The multiplier formula is often used. This technique is frequently used by personal injury attorneys and insurance adjusters to estimate the value of any claim.
The multiplier technique uses a simple formula. This involves the economic damages added to the total of the economic damages multiplied by the multiplier
Economic damages involve those that are easily quantified in monetary terms. These are:
- Medical costs.
- Lost income.
- Reduced ability to earn.
- Damage to property.
You can get the initial piece of the formula by adding the aforementioned losses together. The sum can also be used to figure out the non-economic losses. These include damages that can't be easily quantified into monetary terms.
They cover the following:
- Physical pain.
- Emotional and mental distress.
- Loss of consortium.
- Loss of life's enjoyment.
The multiplier method multiplies the economic damages by a value between 1 and 5 to calculate these losses. The value is determined by how significantly the crash affected your life. The economic damages are then included in the estimates for the non-economic damages.
Common Injuries Sustained From Motorcycle Accidents
Motorcycle crashes account for some of the serious injuries sustained on the roads. Some of the most common injuries sustained by victims of motorcycle crashes include the following:
- Broken arms.
- Broken hands or wrists as a result of the fall.
- Fractures of the ankles, feet, or legs.
- Pelvic injuries.
- Head injuries.
- Hip injuries.
- Head concussions and other injuries to the brain, particularly if the biker didn't have a helmet on.
- Spinal cord injuries.
- Back problems.
- Road rash.
- Whiplash.
Leg injuries are among the most common injuries suffered by motorcycle riders. When riding a motorcycle, the legs are extremely exposed. Additionally, they sit at the same level as the fenders on the majority of other cars. They often sustain severe injuries as a result of the collision's force. In addition to this, they often get stuck between the motorcycle and the vehicle.
Motorcycle accidents are often fatal. Motorcycle riders have almost no protection from the impact of an accident. Data from the National Highway Traffic Safety Administration (NHTSA) reports that 5,932 motorcycle riders lost their lives in just 2021 alone. This accounted for 14% of the total traffic fatalities. Motorcycles, on the other hand, accounted for only 0.68% of total automobile miles traveled. Because of this, motorcyclists have over 29-fold higher risk of succumbing to accidents than other motorists.
In these situations, engaging a motorcycle accident lawyer can assist the surviving motorcyclist's family in filing a wrongful death lawsuit against the parties at fault.
Factors That Could Impact Your Motorcycle Accident Lawsuit
Two elements can lower the settlement value or payout of a motorcycle accident lawsuit. These elements include:
- The rule of shared fault.
- Inadequate coverage from their insurance.
A motorcycle accident attorney can assist you in avoiding or resolving these problems in your personal injury case.
Shared Fault
If you contributed to the motorcycle crash incident, shared fault laws could limit the amount you receive. Different jurisdictions apply various shared fault laws.
They can be divided into two categories:
- Comparative negligence rule.
- Contributory negligence rule.
Few jurisdictions apply the contributory negligence rule. If you're found to have contributed in any way to the incident, you will not be eligible for compensation under the laws of the state. You could be denied settlement even if your percentage of fault was just 1%.
Comparative negligence is used in the majority of states. In personal injury cases, verdicts rendered by jurors under comparative negligence determine a percentage of blame to all parties in question. Your settlement amount would then be reduced by the percentage of blame assigned to you.
Two types of jurisdictions apply comparative negligence:
- Pure comparative negligence state.
- Modified comparative negligence state.
An injury settlement offer would reflect this reduction since your share of the blame would decrease the damages awarded at trial. If you're partially responsible for the motorcycle crash, the settlement amount will be less than the total legal losses.
Inadequate Insurance Coverage
Motorcycle accident victims might not get fully compensated if their claims exceed the coverage limits of their insurance policies. This could harm your claim and lower the amount of your payout.
The maximum sum that the insurer pays out under an insurance policy is known as the limit. You could be eligible for compensation that exceeds the coverage limit in serious motorbike accidents. If your damages exceed the policy's maximum payout, then the driver's insurer won't be responsible to pay anything.
If this is the case, you could be able to seek compensation from the driver who caused the crash. Even if they are held personally responsible, very little may be recovered.
Factors That Affect A California Motorcycle Accident Settlement
The following are the common factors that affect the expected motorcycle settlement payout amount.
Liability
Seeking liability is the key issue in any motorcycle accident claim. California has a fault-based system for its auto insurance. This implies that any harm caused to other motorists or passengers is the responsibility of the at-fault motorist. The big picture should be considered while determining liability.
There should be a thorough investigation of all available evidence, including police records, images, comments from onlookers, and the opinions of professionals. Liability establishes responsibility for each crash participant. Since California follows a comparative negligence rule, liability can be established based on various levels of blame.
The more evidence you can present against the other party, the greater the amount of fault the other party bears. The objective is to prove that the other motorist was entirely at fault for the collision. The possibility that the insurance provider for the other motorist will be interested in settling the claim increases with the percentage.
If liability is questioned or disputed in your claim, you should speak with a seasoned Los Angeles motorcycle accident attorney right away. It could cost you several thousand dollars if you're wrongfully found to be partially or entirely at fault in the accident. You need to establish liability first before you can claim damages.
Damages
Damages establish the value and merits of your claim. Damages primarily refer to the severity of the injury. With some exceptions, wounded motorcyclists have a right to get compensated by the responsible party for their actual losses. You should be able to demonstrate the extent of your losses with credible supporting documentation to receive the maximum settlement payout.
These damages are calculated based on several factors:
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Current and Previous Medical Costs
These cover a wide range of fees. You can claim damages that are directly associated with the motorcycle accident. All necessary medical care, such as an ambulance ride, emergency care, accident scene care, primary care, or any other related care, will be covered.
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Future Medical Costs
Serious injuries result from motorcycle accidents. Many of these severe injuries would call for medical attention in the future. You could still require treatment five, ten, or even twenty years after the motorbike accident. However, there's a deadline for submitting court cases.
Experts such as life care planners and physicians can help in determining the appropriate future therapy. Medical procedures, prescription drugs, and other forms of treatment may also be covered.
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Lost Wages
Motorcycle accident injuries can hinder you from working. Lost wages are compensable damages regardless of how long they last—a few days, months, or a lifelong decrease in hours.
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Future Loss in Wages and Earning Potential
An injury can result in long-term income loss. In such an instance, you would be eligible to seek compensation for any future earnings lost. Another factor to consider is the potential loss of earning income. You could end up having trouble carrying out the tasks for which you were trained. If this happens to you, you ought to receive compensation.
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Suffering and Pain
These damages include losses for which a monetary value cannot be assigned. This is meant to make up for the pain and discomfort and the challenges of adjusting to life after the motorcycle accident. An individual should receive compensation for the disruption in their standard of living. Although intangible, suffering and pain are grounds for further settlement payouts.
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Punitive Damages
Punitive damages are only awarded by the court in rare situations where it's necessary to hold the party at fault or the individual who caused the accident accountable for their actions. A good example is when a motorist is impaired by alcohol or drugs and causes a collision.
Settlement Negotiations
The process of settlement negotiations is adversarial and dynamic. Most cases involving California motorcycle accidents are represented by large insurers. These businesses often employ and train claim adjusters to resolve cases for the least amount possible. To obtain a complete and fair compensation offer, you will need a skilled Los Angeles motorcycle accident attorney on your team.
Your legal team will thoroughly examine the specifics of your motorbike accident to choose the best settlement. These factors are all taken into consideration when estimating the potential payout for an injury claim. Each of these considerations is taken into account before your attorney can arrive at the insurance settlement amount because every situation is unique.
Partnering with a personal injury attorney who is familiar with the strategies and tactics employed by insurance companies and providers can ensure that you're well-equipped to present a solid motorcycle accident claim possible.
Compensation for Motorcycle Accidents Involving Property Damage
After determining who was at fault, the only question in a motorcycle damage claim is how much it will cost to fix or replace the bike. Before scheduling an adjuster to evaluate the motorcycle, the majority of insurance want you to submit an estimated figure from an independent professional.
If the current market price of your motorbike is lower than the expected repair costs, a decision could be made to present you with an offer value of the motorbike rather than to have it fixed.
What a Personal Injury Lawyer Can Do for You
A personal injury lawyer can relieve the stress of handling an insurance claim and assist you in getting a settlement for your losses. There are many advantages to using a personal injury lawyer to deal with your motorcycle accident claim.
Defends You Against the Insurance Firm
If you've been injured and need help filing a claim with your insurer, a personal injury attorney can do that while you focus on getting better. Some adjusters from insurance companies put pressure on accident victims to sign medical discharges and submit statements, which isn't in the best interests of the accident victim. Before the accident victim is aware of the full amount of their injuries and damages, the adjuster could pressure them into settling a claim.
With the help of a lawyer, accident victims are shielded from unnecessary pressure from the insurance company. They also prevent the insurance provider from taking advantage of a victim when they are most vulnerable. Your lawyer assists you in avoiding mistakes that could reduce your chances to obtain the full amount of compensation for the losses, damages, and injuries.
Understands the Legal Requirements for Proving Liability
Your lawyer is well-versed in the standards required to establish liability and fault under the various accident and injury statutes. The legal factors required to substantiate your claim can vary slightly based on the applicable statute. Your lawyer can conduct the probe to determine who is at fault and collect the necessary proof of wrongdoing.
Correctly Assesses the Value of Your Injury Claim
Knowing the value of an injury claim can be challenging, particularly if you're unfamiliar with personal injury regulations. The insurance provider will make a settlement offer that is as low as they can get away with. If you're receiving a lesser amount than your injury claim is worth, the insurance adjuster won't let you know.
A personal injury lawyer determines the worth of your injury claim by considering your monetary losses and non-monetary damages. A lawyer is aware of how to best utilize the facts in the case to raise the amount of non-economic or suffering and pain damages.
Deals with Court Cases and Settlement Negotiations
Your personal injury lawyer drafts a comprehensive compensation demand package outlining the legal basis for blame and liability for the insurer. The compensation demand also contains supporting documentation that demonstrates your losses and supports the strength of your claim for damages.
Professional lawyers are adept negotiators. They can battle for your claim's full value. To serve your best interests, your attorney can prepare to launch a claim for personal injury against an insurer that won't negotiate fairly for a settlement payout.
Find a Los Angeles Personal Injury Attorney Near Me
Engaging a motorcycle accident attorney improves your odds of acquiring compensation for the damages you sustained. An attorney can assist you throughout the whole claim process, from gathering the proof you need to back up your case to accurately estimating the value and negotiating with the insurer.
Our legal professionals at The LA Personal Injury Law Firm will help you with every step of the claim process and, if required, advocate for you in court. If you've been involved in a motorcycle crash, contact us at 310-935-0089 for a free consultation to discuss your case. Our attorneys serve in the city of Los Angeles, CA.
