Not all motorcycle accident claims are the same when it comes to what a case is worth. A motorcycle accident may be worth $1,000 or $1 million or more. It depends on a variety of elements.
How much can I get for my motorcycle accident lawsuit?
The amount you can receive for your motorcycle accident lawsuit depends on the strength of your case and the damages. Ultimately, it’s a calculation of your damages weighed against your likelihood of winning at trial.
The result is a range of potential case values. Knowing what your case is worth can help you make strategic decisions, including negotiating your settlement.
What Determines the Value of a Motorcycle Claim
Factors that determine the value of a motorcycle claim include the following:
Medical expenses
Medical expenses include emergency care, medical procedures, supplies, and follow-up visits.
Medical bills are an economic loss that can be calculated. Keep records of your medical care and any related expenses.
Severity of injury
An accident victim should be compensated according to the severity of their injuries. Someone who has life-changing injuries should receive more in compensation than someone with minor injuries. The severity of injury may be reflected in pain and suffering compensation, disability, emotional anguish, and similar damages. Don’t overlook the importance of building evidence to explain losses in these categories.
Personal circumstances
Just as no two motorcycle accidents are alike, no two motorcycle accident claims are alike. A motorcycle accident claim compensates the victim based on their personal circumstances. For example, some motorcycle accident victims will experience a loss of income while others will not. Sometimes, a spouse will experience a loss of consortium, or there may be a loss of household services. Personal circumstances may influence what a claim may be worth.
Clarity of fault and causation
To receive compensation, a third party must be at fault for the accident. If it’s obvious that the defendant was at fault, your claim value is more than if it’s questionable whether someone else is at fault.
Another important question is causation. Where causation is obvious, a case is worth more than if there are doubts.
Comparative negligence
Comparative negligence is the victim’s own fault for the accident. The amount of comparative negligence may impact what a claim is worth. How state law applies comparative negligence influences the calculation of claim value.
Insurance policies
Insurance policies make it possible for the victim to collect compensation. In addition, the ability of the plaintiff to collect compensation outside of insurance policies can influence the amount.
Who the defendant is
Who the defendant is can influence your claim. South Carolina, for example, caps motorcycle accident claims against government defendants.
A fair jury
If your case goes to trial, you need a fair jury. Motorcyclists may face jury bias, so it’s important to have a fair jury to determine the value of your claim.
Calculating Your Medical Expenses and Lost Wages
When calculating medical expenses and lost wages, don’t forget to include the future. You may have medical bills that continue after the case ends. The same is true for lost wages—a motorcycle accident with serious injuries can change your career. These future losses can be included in your compensation.
Non-Economic Damages: Pain and Suffering in Motorcycle Accident Claims
Many people underestimate non-economic damages. Think of how you have been impacted by the motorcycle collision—physical pain, recovery, lifestyle limitations, and mental suffering.
These losses are just as deserving of compensation as economic losses.
Pain and suffering are proportional to the severity of injury. Did the person experience physical pain? Have the person’s physical abilities changed? Have their relationships been impacted? Is life expectancy reduced? The intangible aspect of motorcycle accident injuries may be compensated in pain and suffering and other non-economic damages.
How Your Percentage of Fault Can Reduce Your Settlement
The percentage of fault is called comparative negligence. It’s the idea that more than one party can be at fault. In states with pure contributory negligence, if the motorcyclist is at fault, even slightly, they receive no compensation.
Sometimes, one party is more negligent than another. South Carolina lawmakers thought it was best to reduce the victim’s compensation for shared negligence rather than eliminate it entirely.
Shared fault can reduce your settlement, but the amount makes a big difference. Someone who is 1% at fault will see a 1% reduction in their compensation. A person who is 49% at fault may have their claim reduced by 49%.
How much your motorcycle accident claim is worth depends on fault. But there’s no list of certain actions and percentages of fault to provide guidance. You must build the evidence about how fault should be proportioned.
How Insurance Coverage Affects Your Motorcycle Claim Worth
Insurance coverage may make it possible to collect your motorcycle accident compensation.
Most motor vehicle collision claims are paid through insurance. There may be a question of multiple insurance policies and how to maximize your compensation. You can have an attorney represent you, evaluate policies, and pursue the appropriate settlements.
The Importance of Hiring an Attorney To Navigate Your Claim
An attorney is a licensed professional who represents you to navigate your motorcycle accident claim. The steps you take can allow you to receive what your motorcycle accident claim is actually worth. Mistakes can mean receiving less than you deserve.
Your attorney handles a variety of issues to pursue what your case is truly worth. They build evidence and pursue a legal strategy. They give you honest advice about case value and handle strategic settlement negotiations on your behalf.
Ask a Lawyer What Your Motorcycle Accident Claim is Worth
Have you or a loved one been in a motorcycle accident? Are you wondering what your claim may be worth? Talk to lawyer Bobby Jones.
We’ll give you a personalized evaluation of your potential case value and help you understand how a lawyer can help. Call or message us now.