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Victims of motorcycle accidents have a right to pursue a claim for compensation for their losses. How much compensation for your motorcycle accident can you get?
The truth is that there is no average settlement amount for a motorcycle accident. Instead, settlements depend significantly on each case’s unique circumstances and the injuries’ severity.
A good settlement for one case may not be a good settlement for another. For this reason, victims of motorcycle accidents are advised to consult a personal injury attorney who can help estimate the value of their individual claims.
Stevenson Klotz Injury Lawyers possess the know-how and experience handling motorcycle accident claims in Alabama and Florida. Here’s what makes up the average motorcycle accident settlement.
What Factors Affect the Value of a Motorcycle Accident Settlement?
Multiple factors affect the value of a motorcycle accident settlement in a personal injury case. Typically, your attorney handling your claim will consider these factors when determining what constitutes a fair and just settlement value to demand. Similarly, these factors are taken into account by the insurance company when offering the initial settlement.
Some of the factors they must consider include:
Fault
Alabama abides by the contributory negligence system. Under this fault system, the victim is barred from recovering if it is established that they partially contributed to the accident.
In contributory negligence states like Alabama, you must establish a liable party to recover compensation for a motorcycle accident. In other words, you need to prove that the at-fault party’s negligence or recklessness contributed wholly to the accident.
If the at-fault party is 100% responsible for the accident, you will be entitled to receive full compensation for your injuries. However, if you are partially at fault, the amount of settlement you are likely to receive will depend on the fault system in your jurisdiction.
Florida abides by the modified comparative negligence system. This means that each party is assigned a percentage of fault for the accident. Therefore, if you are partially at fault for the motorcycle accident in Florida, you may still recover compensation for your injuries, but only if your percentage of fault is 50% or less.
Severity of your motorcycle accident injuries
Your sustained injuries are vital when determining a settlement amount in your motorcycle accident case. A severe injury affecting your earning power deserves a considerable settlement offer that cushions the victim from further losses. Any settlement offer should take into consideration the following:
- Your medical care costs
- Pain and suffering damages
- Rehabilitation, therapy, and other medical expenses
- Future medical needs
Property damages
Property damage may also drive the amount of settlement offer you receive. You shouldn’t bear the burden of repairing your motorcycle if the accident occurred due to someone else’s negligence.
Therefore, the extent of the damage and the initial value of the motorcycle will impact the settlement amount.
Age
Your age at the time of the accident will be taken into consideration when determining the settlement amount. Generally, young motorcycle riders have the opportunity to recover more compensation.
However, this doesn’t mean that senior older riders can’t secure significant compensation, as age isn’t the only factor impacting the settlement amount.
Noneconomic damages
In addition to physical pain, victims of a motorcycle accident are likely to suffer mental anguish associated with the accident. Although the settlement amount primarily factors property and monetary damages, mental pain can also impact the settlement amount.
Generally, pain and suffering, decreased quality of life, and decreased potential lifespan will increase your total damages and impact the settlement amount.
Availability of insurance
The maximum compensation you can receive from your insurance policy can give you an idea of your motorcycle accident settlement. However, it’s more of a threshold. Uninsured or underinsured motorist insurance can also contribute to your settlement and the compensation you recover.
When Are Punitive Damages Awarded after a Motorcycle Accident?
Punitive damages are only awarded in extraordinary circumstances. To receive punitive damages, the claimant needs to demonstrate that the at-fault party acted recklessly and, at the same time, blatantly disregarded the rights of the claimant and any person.
Consequently, punitive damages in a motorcycle accident case are likely to increase the potential amount of settlement.
How Do Insurance Companies Handle a Motorcycle Accident Claim?
Insurance companies are tasked with evaluating your claim and offering a settlement offer based on their evaluation.
Often claimants receive a lowball settlement offer that doesn’t reflect the damages. The insurance companies use motorcycle bias and other flimsy reasons to justify the lowball settlement offer.
As such, victims of motorcycle accidents should be aware of the strategies used by insurance companies to deny their claims. For this reason, it is imperative to have a competent and qualified personal injury attorney who will communicate with the insurance company on their behalf and work hard to ensure that you receive a fair and just settlement.
How Can a Motorcycle Accident Attorney Help You?
Insurance company adjusters and the complex procedural and substantive rules they operate under pose a challenge for any claimant. Often, claimants who pursue their claims independently have their claim disputed or may receive a low settlement offer from their insurance company.
Therefore, having an experienced attorney by your side is important. We will:
- Investigate and evaluate your motorcycle accident case
- Help establish fault and demonstrate liability
- Deal with all the parties, including the insurance company
- Negotiate on your behalf
- Safeguard your rights and interests throughout the claim process
- Represent you in court if your case proceeds to trial
It is imperative to note that a statute of limitations governs the claim process in Alabama and Florida. For this reason, you need to ensure you act immediately after a motorcycle accident to help avoid the claim being rendered time-barred.
Contact the Stevenson Klotz Injury Lawyers Today
Stevenson Klotz Injury Lawyers brings considerable experience handling motorcycle accident claims in Alabama and Florida. We understand the insurance company may not be on your side, and we’ll work hard to ensure that your rights and interests are safeguarded throughout the claim process. Our top priority is obtaining a fair and just settlement on your behalf.
Contact us for a free case evaluation.
Motorcycle Accident FAQs
What is the most common motorcycle accident injury?
Fractures, abrasions, and concussions are some of the most common motorcycle accident injuries in Alabama and Florida.
Should you notify your Insurer Immediately after a motorcycle accident?
Although it is important to notify your insurance company about the accident, you should consult an attorney before communicating with your insurance company.