It’s a nightmare no motorcycle rider wants to experience… a motorcycle accident. After a crash, you’re probably facing serious injuries, a damaged bike, time off work, and the emotional stress that comes with trying to put your life back together.
Although an insurance settlement can’t undo the damage done, it can help you pay your medical and household bills, cover lost income, repair your motorcycle, and help you move forward after a crash. You’re probably wondering what is the average payout for a motorcycle accident. The short answer is… it varies.
If you or a loved one has been injured in a motorcycle accident, reach to a skilled motorcycle accident attorney for legal guidance and protection of your rights.
Why are Motorcycle Accident Settlements So Difficult to Calculate?
Like most other personal injury claims, every motorcycle accident settlement is unique in many ways, including:
- The people involved and who was at fault
- The way the crash occurred
- What insurance coverage is available
- The injuries suffered and
- The legal damages incurred
Each of these factors plays a role in determining the value of a motorcycle accident settlement. One person’s motorcycle crash settlement is nothing like another rider’s settlement because, even with similar injuries, their lives will be impacted differently.
Also, if a negotiated settlement is not possible and you must take your claim to court, placing a value on a motorcycle accident lawsuit can be even more difficult. If a jury must decide your case, nobody can predict what 12 different people will decide and how they will value your unique personal injury claim.
Whether you just want to settle your claim quickly or you are willing to file a motorcycle accident lawsuit to receive the compensation you deserve, work with an experienced motorcycle accident lawyer to guide you through the process.
Possible Motorcycle Accident Injuries
Since motorcycle riders have little protection during a collision, they often suffer severe, life-altering injuries in a crash. Again, even if two riders suffer back injuries, each will require different treatment and incur different medical expenses and future costs.
Helmets and other specialized cycle gear can offer some protection during an accident, but when a motorcyclist is thrown from their ride onto the ground or into another vehicle or stationary object, serious injuries can occur.
Some of the most common motorcycle crash injuries include:
- Head injuries, including traumatic brain injuries
- Neck and spinal cord damage
- Broken bones
- Skin abrasions and road rash
- Internal bleeding and organ damage
- Amputation
- Burns
- Paralysis
- Death
These injuries can change your life forever. The motorcycle accident settlement will include compensation for related medical expenses and also how your injuries will impact your future life enjoyment.
What Legal Damages Are Recoverable in a Motorcycle Accident Settlement?
After a motorcycle collision involving injuries and property damage, you have the right to request certain financial compensation to cover your losses. These losses, also known as legal damages, will vary depending on each individual’s unique circumstances.
Under the law, an injured person can request compensation from an at-fault party for economic and non-economic. These categories of damages can be described as follows:
Economic damages
These expenses can be measured, documented, and proven with written evidence.
Typical economic damages include:
- Medical bills, including hospital stays, testing, surgery, medications, and other expenses
- Future medical expenses necessitated by your injuries
- Lost income, including wages, benefits, bonuses, and other forms of compensation missed due to time off work or the inability to return to your former work because of the accident
- Property repair or replacement expenses related to your damaged motorcycle and any other personal property involved in the crash
- Medical appliances needed to accommodate your injuries, such as crutches, a wheelchair, or other items
- Modifications to your home to accommodate your injuries
- In-home medical or personal care required after the accident
- Other out-of-pocket costs related to the crash and your injuries
Non-economic damages
These financial losses are more difficult to place a dollar value on, but they are important and allowed by law after a personal injury.
Non-economic damages may include:
- Pain and suffering, both current and future expected difficulties
- Loss of the enjoyment of life if you can’t participate in the same activities you used to enjoy
- Loss of family relationships if your partner or spouse is also affected by your accident or your children miss out on the things you used to provide as a parent
- Emotional or mental anguish or anxiety
Berry Law’s Team Provides You With Multiple Attorney Perspectives
How Do Lawyers Calculate a Typical Motorcycle Accident Settlement?
Taking into consideration the details surrounding a motorcycle accident, the insurance company will calculate a settlement offer. Important details will include:
Who is at fault for the collision?
If the question of who is at fault is in dispute, the claim may be denied, or the settlement offer will be reduced. If both parties share responsibility for the crash, an insurance settlement will reflect each party’s fault.
What insurance coverage is available?
In some states, an injured motorcycle rider can pursue compensation from their insurance carrier or another party’s insurance if that party caused the accident. Unfortunately, since many motorcycle accidents involve catastrophic injuries, the damages may exceed the available insurance coverage.
With extensive medical expenses and anticipated future costs, an insurance policy may not provide enough compensation to cover all financial losses. A skilled motorcycle accident attorney may hold more than one party responsible for your damages and recover compensation from multiple sources to help cover your losses.
The extent of your injuries, personal property damage, and future anticipated losses
The insurance company should consider all your potential losses when making a motorcycle accident settlement offer. A dedicated personal injury attorney will understand the tactics insurers use during negotiations. Your lawyer’s job is to protect you and negotiate for the best possible settlement. If the insurance company won’t offer a reasonable settlement, your legal team must be willing to file a motorcycle accident lawsuit on your behalf.
Learn More About Motorcycle Accident Settlements By Contacting Berry Law
John S. Berry , Omaha Motorcycle Accident Lawyer
Your claim is unique and deserves individualized attention from a law firm that has helped injured clients since 1965.
At Berry Law, our personal injury lawyers have the skills, knowledge, and resources to fight for you against big insurance companies and their teams of lawyers trying to reduce or deny your injury claim.
Call us at (402) 226-5908 or fill out our online contact form for a free consultation. Our hard-working team of legal professionals is ready to guide you through the legal system and go to battle with you.
