Accidents can happen when we are least prepared. Victims of motorcycle accidents often sustain catastrophic injuries. These grave injuries would require extensive medical care resulting in massive financial damage.
Because of this, the law protects victims of motorcycle injuries by holding the at-fault driver responsible for their damages. Accident victims can file a motorcycle accident claim to recover compensation for their injuries and other damages. But, how much is a motorcycle accident case worth?
There are a lot of factors that could affect the value of your motorcycle crash case. The motorcycle accident case values could range from a few thousand to seven figures. We will tackle the different aspects to maximize the amount of settlement you can recover.
Common Motorcycle Accident Injuries That Victims Can Recover Compensation
One of the major contributing factors that dictate the value of your motorcycle injury claim is the extent of your injuries. In general, more severe injuries lead to higher compensation. Motorcycle accident victims need to secure shreds of proof to validate their injuries. Moreover, victims are also burdened to prove that the at-fault driver’s negligence causes their injuries.
Listed below are some of the most common injuries related to motorcycle accidents. Most of these common injuries have a great chance of recovery with appropriate treatment.
- Soft tissue injuries (strain, sprain, or contusion)
- Cuts and bruises
- Minor fracture and minor head injury
A motorcycle accident victim can also sustain permanent or long-term injuries from a motor accident. These injuries have a lower chance of making a full recovery. Some of these injuries could even result in permanent disabilities affecting the quality of the victim’s life.
- Traumatic brain injuries
- Spinal cord damages
- Total fracture
Hiring an experienced motorcycle accident lawyer to process your case is crucial to recovering compensation. Our San Francisco motorcycle accident lawyer could help you if you encountered an accident in San Francisco! We have extensive experience in handling motorcycle and other motor vehicle cases.
Common Causes of Motorcycle Accidents
Another crucial factor that affects your case value is the nature of the case itself. Not all cases are the same. Different reasons can cause motorcycle accidents; some out of unfortunate chances while others are caused by sheer negligence. A personal injury lawyer must conduct an in-depth investigation of your case regardless of the reason.
Hiring a lawyer can help you estimate the minimum and maximum amount of recoverable damages to your case. Moreover, many insurance companies will need to know your reason for the claim and check whether it’s part of the at-fault driver’s insurance coverage.
Here are some of the most common causes of motorcycle accidents:
- Overspeeding. Driving beyond the speed limit is one of the most common causes of motorcycle accidents. Overspeeding is also largely to blame for the increasing number of car accidents and other motor vehicle accidents throughout the nation.
- Drunk driving and distracted driving. Driving under the influence is another major contributing factor to motorcycle accidents. In addition, inattentive driving due to fatigue or other distractions also contributes to most motorcycle accidents.
- Defect in the motor vehicle. Although it is expected that a motorcycle is in its prime condition when it is first bought, this is not always the case. Motorcycle companies can make the mistake of producing a substandard product leading to motorcycle accidents. The accident victim can sue the manufacturing company for damages in this situation.
- Road defects and harsh weather. External factors such as road defects and inclement weather could also cause severe road accidents. If possible, try not to drive in bad weather or find an alternative route if the road you’re taking contains a lot of potholes.
- Lane splitting. White-lining or lane splitting is when a driver cuts between slow-driving vehicles. This action is dangerous and irresponsible since you don’t know when a slow driver might speed up and crash into your motorcycle.
Liability in Your Motorcycle Accident
Before an accident victim can recover damages for the unfortunate event, appointing liabilities to the at-fault party is crucial. Unfortunately, establishing the responsibility to the appropriate party falls on the victim’s part. Because of this burden, hiring the best motorcycle accident attorney is critical to obtaining recoverable damages.
Motorcycle accident cases differ from one another. Depending on your circumstances, it might be hard to appoint liability in your accident case, especially if a third party is involved. Hiring an experienced lawyer will help you guarantee that the correct person will be punished for his negligence.
Your lawyer will thoroughly look at your case and evaluate each vantage point. Furthermore, your attorney can also help you obtain critical shreds of evidence to hold the responsible party accountable for your damages. Seeking the professional assistance of a personal injury lawyer can provide exhaustive benefits on your end and increase your chance of obtaining maximum compensation.
Taking Damages and Liability Into Account
Liability and damages sustained are critical elements of a motorcycle accident claim. Before requesting an injury settlement, you need to prove specific points. Liability refers to the party or a person responsible for the accident. If a victim cannot provide proof to hold the defendant accountable for the accident, they cannot request a claim for their damages.
On the other hand, damages denote the injury or destruction dealt with the accident victim. Damages could refer to physical, property, or even emotional damages. In general, the weight of the damages directly reflects the amount of compensation recoverable. More significant damages could lead to greater compensation.
A driver’s insurance coverage should also have a policy for these accidents in most cases. Another vital factor to remember is that different states have different negligence laws. Comparative negligence law states that a victim may or may not recover a part of their compensation if they are partly at fault for the accident.
As mentioned above, motorcycle accident cases are complicated. Hiring the best accident attorney for your case is imperative. These professionals are familiar with the state’s legal system and will help you defend your rights.
What You Need to Know About Settlement Value and Trial Value
An accident victim may recover money from the accident in two ways. First, the victim’s party may meet with the defendant and agree on a settlement value. Conversely, if both parties cannot agree on the amount, they may opt to proceed with the case to the court. Once the court handles the case, they will appoint a trial value.
A settlement value refers to the personal injury claim a victim can receive without going to court. In most situations, the case ceases at this point. The settlement amount depends on the agreement between the plaintiff and the defendant.
As mentioned above, a trial value is an amount appointed by the court members. A trial value is much higher than the settlement value in some scenarios. However, it could take longer to resolve than settling out of court.
Regardless, consulting with a lawyer can help you decide how to proceed with your case. Settling out of court may be beneficial for your case. Conversely, filing a lawsuit may be the best way to go.
Calculating the Damages in Your Motorcycle Accident
The calculation of damages in a motorcycle accident is not as straightforward as one may think. A motorcycle accident victim could suffer various injuries that would lead to extensive medical bills. In addition, the accident might cause them to develop trauma with motorcycles.
In general, an injury claim will try to recover two types of damages: economic and non-economic. Economic damages refer to the victim’s verifiable costs because of the accident. This includes everything from ambulance transportation to hospitalization fees. In general, anything the victim has to pay falls under this category.
Non-economic damages, on the other hand, do not have a tangible price tag associated with them. These damages usually cover pain and suffering, emotional distress, and loss of consortium. The quantification of these damages can be difficult and is generally resolved by a jury during a trial setting.
Most motorcycle accident cases will try to recover both economic and non-economic damages. This could lead to a higher settlement value or trial value. For a plaintiff to recover, they must prove that the defendant is liable for the accident and that the victim suffered damages because of it.
If you have been injured in a motorcycle accident, you need to speak with personal injury lawyers immediately. They will help you assess your case and determine the best way to proceed. Contact us today for a free consultation.
Lost Earning Calculation
Part of recoverable economic damage is lost earnings and loss of future earning capacity. Victims can sue their defendants for their lost wages. Lost wages refer to any income a victim failed to receive due to their injuries.
In most cases, the victim’s employer will compute for the victim’s missed hours or days, which will be their lost wage. However, other factors such as performance-based bonuses and base salary increases could complicate the matter. If the victim is due to receive a monetary incentive or salary increase, the computation for lost wages will differ.
In these cases, you need a lawyer or an occupational expert to establish the victim’s recoverable damage.
Future Lost Earning Capacity Calculation
Future lost earnings or loss of earning capacity refers to the amount of recoverable damage a victim could potentially make in his career. In most cases, a lost earning capacity is caused by a permanent disability. However, a victim doesn’t need to obtain a debilitating injury to file a lost earning capacity claim.
Any amount of income a victim lost before filing a lawsuit or before the settlement’s effective date is covered under lost wages. On the other hand, loss of earning capacity refers to any income loss a victim incurred after the settlement’s effective date.
Computation for loss of earning capacity is not as easy as lost wages. Consulting with occupational experts or personal injury lawyers can help you estimate an accurate amount of recoverable damages.
Plaintiffs Can Recover Monetary Value for Their Motorcycle Accident Damages
When it comes to motorcycle accident cases, plaintiffs can recover a monetary value for their damages. This includes the costs of medical bills, lost wages, and pain and suffering. To do so, they must prove that the defendant is liable for the accident. Negligence is a critical factor in a personal injury accident.
The value of a motorcycle accident case can vary greatly depending on the circumstances surrounding the incident. Some aspects that can affect the worth of a case include the severity of the injuries, whether or not negligence was involved, and how long it takes for the victim to recover.
If you have been injured in a motorcycle crash, immediately speak with personal injury lawyers. They will help you assess your case and determine the best way to proceed. Contact us today for a free consultation.
Medical bills and the amount of future medical expenses are included under medical costs. In a motorcycle accident, these costs can be expensive. Victims may require surgery, hospitalization, and long-term rehabilitation.
If the defendant is found fully responsible for the accident, they may be ordered to pay for the victim’s medical expenses. This will cover the cost of ambulance transportation, diagnostic tests, and prescription medication.
Suppose the victim had a permanent physical disability. In that case, the defendant will also need to pay compensation for the victim’s future and long-term rehabilitation.
General damages or non-economic damages are also covered under motorcycle accident claims. An accident victim can file a claim for their loss of consortium, pain, and suffering. Moreover, victims can also request a claim for their emotional damages and mental anguish.
The victim’s spouse or domestic partner can file the loss of consortium claim. It refers to the loss of the companionship and intimate relationship that the spouses once shared. This claim could be significant if the defendant killed the victim in the accident.
The challenge with these damages is manifesting proof. If you are the victim in this unfortunate scenario, you can request a note from a mental health professional.
When a motorcycle is involved in a catastrophic accident, it is often the victim that suffers the most damage. This includes damage to the bike itself and the victim’s other personal properties.
Personal property could refer to the victim’s house, vehicles, and other collectibles. In some states, the law also considers the victim’s pet as personal property.
If you are a motorcycle accident victim, you can seek compensation for damages to your bike and any personal belongings that were destroyed or damaged in the crash. The defendant will be liable for the cost of repairing or replacing your motorcycle and belongings.
Lost Wages Damages
Motorcycle accident victims often have to take time off work to recover from injuries. In some cases, they may never be able to return to their previous job. Depending on the complexity of your damage, your lawyer can negotiate with the defendant’s insurance company to maximize your compensation.
If you had to leave your work temporarily, you could file a claim for lost wages damages. This claim would cover the money you can earn if you were working while recovering from your injuries.
If your injury caused you to retire prematurely, you could also file a claim for lost pension and retirement benefits. The defendant will be liable for all your lost wages damages, including future lost wages.
Wrongful Death Damages
If your partner or a family member died in a motorcycle accident, you could file a wrongful death claim. This claim is filed by the victim’s family and seeks damages for their loss. These damages can include funeral costs, burial expenses, and medical bills incurred before death.
Furthermore, the deceased victim’s family can also demand compensation for the pain and suffering of the victim before death. If the late victim is married, their spouse can file a claim for loss of companionship and support. The victim’s representative can also recover damages for the victim’s lost wages.
How Can Comparative Negligence Law Affect My Settlement Value?
Some US states employ a pure comparative negligence law. According to pure comparative negligence law, a victim can still recover damages despite being partially at fault for the accident. However, their involvement will affect their motorcycle accident settlements.
Picture this scenario, for example. Your case fails to conclude outside the court, and you need to file a lawsuit for your claim. The court will then evaluate your case, and after the hearing, you are awarded $100,000 in trial value. However, the court found you 40% at fault for the accident. In this case, you can only recover 60% of the total trial value.
Other states might have different comparative negligence laws. Some states do not allow the victim to recover compensation if they contributed 50% to the accident. In comparison, some stricter laws do not allow the victim to recover any amount even if their contribution to the accident is minimal.
How Long Does a Motorcycle Accident Settlement Take?
The length of time it takes before a personal injury lawsuit or settlement ends will depend on several factors. This will depend on how complicated the case at hand is and how hard it is to obtain viable evidence. Suppose you decide to hire a lawyer for your motorcycle accident case. In that case, they can provide you with a timeline of how long they think they can resolve your issue.
Depending on which state the accident happened, the statute of limitations for personal injury cases can range from one to six years. You and your lawyer have a limited time to work on your case. Settling out of court is the fastest and more efficient way to resolve a personal injury case.
In contrast, filing a lawsuit or sending your case to the court could take longer than the other option. Regardless, a personal injury lawyer can assist you in resolving your case in the best way possible.
Contact a Motorcycle Accident Attorney to Know More!
The laws behind motorcycle accident cases are vast and complicated. You need to have a knowledgeable and experienced accident lawyer to aid you in your pursuit of justice. Schedule a free consultation now with a motorcycle accident attorney.
Our personal injury law firm handles all sorts of personal injury cases, from car accident cases to workplace accidents! Call our law office at (415) 494-8535. You can also accomplish our contact form on our website.