Unlike truck accidents where the driver is protected by a large vehicle, motorcyclists have a high risk of severe injuries due to being exposed on their bike. 75% of motorcycle personal injury cases, according to statistics, are due to collisions in car accidents, which prove the dangers that are all too common to motorcyclists. A settlement amount is not as easy to determine as car or truck accident settlements and requires the experience of an expert motorcycle accident lawyer.
Due to the complexity of each case, there is no accurate way for us to tell you off-handed how much your motorcycle accident settlement is worth. However, there are key factors you can consider in addition to average payouts for accident injuries that will give you an idea of what you could expect to receive as your settlement amount. These you would consider alongside a law professional in our office to come up with a reasonable settlement.
Two Kinds of Value
When motorcyclists have been in the middle of a motorcycle accident, many are eager to calculate the dollar amount of their case. However, when discussing how much you can settle your case for, it must be taken into account that there are two values present, one of which works to decrease your compensation.
The settlement value is what the victim plans to settle their accident for when working with another lawyer at a firm. They compare this number to the trial value, or the amount they will expect to receive if they win during litigation, to determine if pursuing the case is financially plausible.
For example, if a motorcycle accident victim believes they can win $90,000 in court due to a concussion after their crash, they can safely settle the case for less than that value. Otherwise, they would be upside-down in their settlement and the trial would have been for nothing.
Settlement Factors
Once both kinds of value are distinguished from one another, motorcyclists can review their case with the counsel of an expert attorney to determine factors that would increase their settlement. These will be examined at the start of your case and throughout since they could worsen and call for increased funds from the at-fault driver.
Bills and Job Wages
These are costs the motorcycle accident victim was unable to pay due to physical or mental injury and have definite compensation. Copies of paystubs, bank statements and other financial mail will be presented to the lawyer for recording purposes, calculating the lost wage and how much money you qualify for.
Personal Property
The victim’s motorcycle would be the primary item under consideration when running the amount of insurance for personal property damage. These would vary depending upon the extent of damages, from totaling the motorcycle to denting it from behind.
Medical Bills
Again, motorcycle accident settlements are notorious for including victims who have been physically injured as a result of their crash. Each degree of harm against them increases the trial value, although these can be subject to change as determined by the judge.
Pain and Suffering
This category among settlement factors is one of the most arguable compensation fees that expert lawyers pay careful attention to. They examine physical as well as mental and emotional pain while summing the consequences experienced by the victim to calculate a dollar amount they are confident they can win.
Motorcyclist Discrimination
Sadly, there is a bias against riders in motorcycle accident cases due to their appearances and the nature of their vehicles, which actually earns them less in their settlements. Insurance companies and judges, whether conscious of it or not, will decrease compensation toward victims. Thankfully, law professionals take this into account and fight for your rights in a motorcycle accident settlement.
Injury Compensation
Previous cases are an excellent benchmark personal injury attorneys use to estimate the average value of your settlement, especially when factors are often interpreted by the judge in a courtroom. Contrary to online motorcycle accident settlement calculators, these averages are taken from real cases with real people just like you.
Whiplash Injuries
When your neck is rapidly thrust forward or backward due to a motorcycle crash, you need the right compensation to visit the ER and see a doctor. Approximately $2,500 to $10,000 will be given to victims of whiplash injuries.
Herniated Discs
These are disc-like structures in the annals that are pushed into a person’s spinal cord after being thrust out of their seat while driving a motorcycle. Physical injuries such as these will accumulate about $100k to $300k to cover extensive medical care and hospitalization.
Ankle Sprains
Although not broken, an ankle sprain can cause severe pain for a motorcycle accident victim and prevent their ability to walk for three to four weeks. $15,000 is the dollar amount seen for similar cases of this physical injury.
Shoulder injuries
Serious shoulder injuries will show bruising and swelling of the hurt area, especially with blueness surrounding. The mean of these infirmities run around $20,000 for the at-fault driver to pay.
Brain Injuries
These can range from minor to severe depending upon the nature of the crash and if the motorcycle accident victim had fallen directly onto their head. Standard concussions will earn a range of $70,000 to $100,000, but life-altering brain injuries will get as high as $1 million.
An Experienced Attorney for Your Motorcycle Accident Settlement
Motorcycle accident claims where riders are injured on their vehicles are all-to-common in litigation, but yours does not have to go undefended. Bobbi Berry of Berry Law Offices has expertise as a personal injury lawyer and has the experience to back her up in the courtroom, with over 25 years in litigation.
You can have confidence that she will strategize your settlement plan beforehand and increase your chances of obtaining the payout you deserve. Call our law firm at 520-638-6496 or access our contact form for a free consultation. We desire to hear the details of your motorcycle accident settlement and begin an attorney-client relationship.