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What are some factors that could affect my motorcycle accident settlement?

Published on September 18th, 2018

As a motorcyclist, there may be a time that you are involved in an accident and required to file a lawsuit or personal injury claim. A majority of victims suffer from serious, or life threatening injuries which would mean that they are highly dependent on a large settlement or verdict that can cover all of the associated costs.

If you’re currently researching information about what you might expect in a motorcycle accident settlement, consider the following which has been provided by the legal advocates. Bare in mind, this information is general. Every case is different; therefore, arriving at a precise amount is only possible through due diligence, investigation, and skill. If you were involved in a motorcycle accident, a motorcycle accident lawyer can discuss your case in more detail.

Research by Thomson Reuters has shown that between 1999 and 2006, the average motorcycle accident settlement was approximately $73,700. This data does not include jury awards, and is over 10 years old which could mean that it is slightly outdated. Your settlement could be worth more or less, depending on the circumstances of the case.

Key Factors that Affect Motorcycle Accident Settlements

As with all personal injury claims, the injuries and financial losses you suffered are a significant factor when determining the worth of a settlement or verdict. Other factors may include:

  • The degree of fault
  • How much insurance is available
  • Who the liable party was (i.e. independent person or corporation)
  • Whether the case goes to trial

Before a motorcycle accident lawyer begins to negotiate your claim, or takes your case to court, all of your losses should be carefully evaluated. Some common losses include:

  • Medical bills
  • Prospective medical bills
  • Lost wages/loss of the ability to work
  • Pain and suffering

Some of your losses, such as medical bills, are easy to calculate. Others, like pain and suffering is more difficult. The more experience your motorcycle accident lawyer has, the more likely he or she can make an accurate guess on what you deserve. Usually, a lawyer will look to previous settlements in the state to determine what you may be entitled to.

Injuries that resulted in long term or permanent damage will increase the value of your settlement. For example, if you were a musician and lost your arm in the accident, you may recover more compensation. Damages for the following might also be included in your case:

  • Prospective medical treatment
  • Physical therapy and rehabilitation
  • Medication
  • Vocational rehabilitation
  • Home health care services
  • Home remodeling
  • Vehicle modification

It might also be possible that you are able to recover punitive damages, which are meant to punish the liable party for their wrongdoing. Many states have caps on punitive damages, and also non-economic damages. A lawyer can explain whether or not this is true during a free consultation.

If you have been injured in a motorcycle accident, it is important to remember that there are strict deadlines for filing a claim. The sooner you get started, the better. Call a motorcycle accident lawyer Trenton, NJ trusts now.



Thank you to our friends and contributors at Davis & Brusca, LLC for their insight into motorcycle accidents and personal injury.

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