It’s difficult to determine the average settlement for a motorcycle accident lawsuit, as each case comes with its own unique factors that account for injury severity, the extent of the medical bills, and lost income.
If you were hurt in a motorcycle accident, a personal injury lawyer can assess your case and help you pursue legal action so you can receive the settlement you need to move forward.
Factors that Affect Motorcycle Accident Settlement Amount
A lawyer can help prepare your case and ensure your injuries and damages are presented accurately, showing how the extent of your losses has impacted you and advocating for the best result possible for you.
That said, the following factors will help determine your settlement for your motorcycle accident lawsuit:
The Severity of Your Injuries
How your injury affects your life now and will continue to affect your life will all factor into your settlement. Some common injuries victims suffer from motorcycle accidents include:
- Foot and leg injuries
- Hand and arm injuries
- Broken or fractured bones
- Road rash
- Whiplash and soft tissue injuries
- Chest trauma
- Abdominal injuries
- Spinal cord injuries
- Traumatic brain injuries (TBI)
Usually, the more serious your injuries, the higher your settlement will be. For example, someone who sustained a severe TBI that keeps them from living independently may have grounds to go after more compensation than someone who broke their finger.
Past and Anticipated Medical Care
Common medical bills motorcycle accident victims accumulate include:
- Ambulance transportation
- Diagnostic testing
- Pain medications
- Surgeries
- Hospital stays
- Assistive medical equipment
- Ongoing appointments
- Physical therapy
This aspect goes hand in hand with the severity of your injuries. That is, the longer you’re in treatment, the more medical costs you accrue, entitling you to more compensation.
Change in Income
If your injuries have caused you to miss work, or if your injuries result in a permanent change to how you can make money, you could receive compensation for lost income and reduced earning capacity.
A motorcycle accident lawyer can help determine the amount of income you have lost through retirement if your permanent disabilities change how you are able to provide for yourself and your family.
Evidence Used Pursue Motorcycle Accident Settlement
A lawyer will conduct an investigation to prove your damages. Witness statements, photographs and videos from the accident, and the official police report can provide information on how the accident happened. Your medical bills and motorcycle repair invoices will help show how it affected you financially.
Motorcycle accident lawyers will utilize resources and request expert opinions, including accident scene reconstruction knowledge, to show that the other party owes you compensation for your injuries and not the other way around.
Your lawyer will also seek information from:
- Medical experts to know the full extent of your injuries and what your treatment plan will comprise
- Economic experts to determine how your reduced earning capacity can affect your future financial situation because of your lost income and benefits. Wage and income statements can help determine what you have lost financially already because of the accident.
- Vocational experts can provide insight into how your injuries will affect your return to work, how you perform your job duties, or if you will require accommodations to perform the same work you did prior to the accident.
If you have any evidence that you think will help your case, let your lawyer know right away. The smallest shred of documentation can make all the difference in the settlement you receive for your motorcycle accident lawsuit.
How Your Motorcycle Accident Lawyer Will Use the Evidence
After your motorcycle accident attorney compiles all the evidence, they will apply it to the theory of negligence, which comprises:
- Duty of care
- Breach of duty
- Causation
- Damages
For example, a driver had a duty of care to follow all road rules and keep your safety at the forefront of their mind. They breached this duty of care by getting distracted and forgetting to check their blind spot. They didn’t see you and struck you, causing an accident. Now you’re left with non-financial and financial damages, like medical bills, lost income, reduced earning capacity, disfigurement, and pain and suffering.
Each of these elements must be in your case. Otherwise, you will not have a valid case.
How Long You Have to File a Motorcycle Accident Lawsuit
Each state enforces a filing deadline for lawsuits. According to HB 837/SB236, Florida generally gives you two years to sue for personal injury and wrongful death.
Some victims and surviving family members qualify for an extension of this time frame, but they are few and far between. If you’re late on filing, the state will likely bar you from holding the other party accountable for their actions. At that point, you’ll be responsible for covering your damages.
However, if you get in touch with a law firm soon enough, an attorney can help you identify the deadline that applies to your case and help you meet it.
Get in Touch With Dismuke Law After Your Motorcycle Accident
If you or a loved one has been injured in a motorcycle accident, our lawyers at Dismuke Law are here for you. We understand the pain and trauma you are suffering, so we want to take care of the legal aspects of your case so you can focus on recovering.
Ask Dave when you contact us today for your free consultation. We also take cases on a contingency-fee-basis. That means we don’t take any fee to get started on your case. Instead, we receive payment from the compensation we secure for you.
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