There is no average settlement figure for motorcycle accident cases. Because no two motorcycle accident victims will have identical financial expenses and losses, the value of your settlement might vary considerably from other injury victims.
If you decide to work with a personal injury lawyer from our firm, we can discuss more about why there is no average settlement for a motorcycle accident in a free consultation. During that call, we can also discuss how much your specific damages might be worth and what kind of timeframe you should expect for your case.
Common Factors That Affect Your Settlement
Every motorcycle accident is different, so compensation varies on a case-by-case basis. Even the compensation package of a passenger on your motorcycle at the time of the accident might be significantly different than yours. This happens because the factors that create your recoverable damages depend on:
- The cost of your medical treatments
- Your salary history and income losses
- The cost to repair your motorcycle
- The current value of your motorcycle
- The monetary value of your pain and suffering
- Whether or not the accident caused physical impairments
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Your Settlement May Include These Economic Damages
The settlement you receive after a motorcycle accident may include recovery of economic and non-economic damages. Economic damages are simple to calculate, as they have a fixed price. These may include:
- Medical care costs
- Income loss
- Future loss of income
- Reduced earning capacity
- Motorcycle damage or destruction
- Long-term care expenses
- Home services, as you may not be able to perform certain tasks
- Rehabilitative care
- Assistive devices, equipment, or technology
- Personal care assistance
- Additional expenses resulting from your motorcycle accident
Your financial losses will directly impact your motorcycle accident settlement amount. Recovering any expenses you incurred due to your accident is paramount to making you whole again. A motorcycle accident lawyer on our team will investigate your case and work to compile the evidence needed to prove the financial harm you suffered. We will gather and request pertinent documentation that demonstrates your accident-related expenses, including:
- Medical records
- Bills from your healthcare providers
- Income statements
- Documentation of time missed at work from your employer
- Financial records
- Repair or replacement estimates
- Motorcycle valuation documents
- Other property valuation documents and estimates
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Non-Economic Damages May Increase Your Settlement
Your settlement will likely be higher if your compensation includes non-economic damages, also called general or intangible damages. These damages are calculated in a much different way because they are based on injuries or losses that are not related to money.
The blanket term “pain and suffering” is used to describe these losses because your accident may have left you in mental, emotional, or physical anguish.
Examples of General Damages
General damages consider the pain you are experiencing in your life due to your motorcycle accident.
Your pain and suffering might be physical, such as:
- Back or joint pain
- Nerve damage
- Organ damage
- Headaches
- Physical disfigurement or scarring
- Paralysis
- Fractured or broken bones
- Traumatic brain injuries
- Other physical impairments
Emotional pain and suffering refers to the mental anguish and psychological distress you might be experiencing due to the car crash. You may be experiencing:
- Post-traumatic stress disorder (PTSD)
- Other psychological disorders
- Emotional distress
- Fear
- Insomnia
- Grief
- Reduced quality of life
- Loss of enjoyment of life
- Loss of or damage to reputation
- Cognitive or behavioral shifts
You or your family might also be suffering in your home and family life. Your spouse or another close family member may be able to recover them if your injury has resulted in:
- Loss of companionship
- Loss of love, affection, or intimacy
- Loss of care
- Loss of protection
- Loss of support
- Loss of parental guidance
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How Are Non-Economic Damages Calculated?
To assign a value to these recoverable damages, your lawyer may rely on your medical records, pain evaluation, future prognosis, and mental health counseling costs. Pain and suffering and other intangible damages are calculated based on the degree to which your injuries impede your ability to engage in the social, personal, and professional activities you enjoyed before being injured.
Your attorney will have the knowledge and resources to calculate your non-economic damages to seek the compensation you need and deserve.
The two methods often used by insurance companies and courts to calculate non-economic damages are explained below:
The Multiplier Method
When the multiplier method is used, the amount of your economic damages is multiplied by a number representing the severity of your injuries. The result is your compensation for non-economic losses.
The Per-Diem Method
The per-diem method assigns a dollar amount to each day you have suffered or will suffer (based on life expectancy or recovery period) and adds those days together to arrive at your monetary compensation.
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Certain Legal Factors Determine Your Settlement Timeline
Your motorcycle accident lawsuit has a time limit known as the statute of limitations. According to the Legal Information Institute (LII), this statutory deadline generally starts from the date of injury, though the specific deadline varies by state. In Louisiana, this deadline is only one year, per CC Art. 3492.
Failing to meet this statutory deadline might prevent you from filing your lawsuit. If that happens, you may be left with no legal avenues for compelling compensation from the at-fault driver. To ensure compliance with the statute of limitations, your lawyer may rely on:
- The date on your motorcycle accident report
- The date on your initial medical records and bills
Even if you can file your lawsuit after the filing deadline has expired, the at-fault driver may request its immediate dismissal. Our legal team can keep track of your case’s deadline so that it can get filed on time.
Comparative Fault Laws May Affect Your Settlement
According to the National Highway Traffic Safety Administration (NHTSA), motorcycle accidents can have many causes and contributing factors, including:
- Speeding
- Road conditions
- Driver distractions
- Driver impairment
Your motorcycle accident report may help your lawyer prove the cause of the accident and how the at-fault driver’s negligence led to your injuries, thus holding them liable for your damages.
Proving the at-fault driver’s liability is crucial, as you do not want them to assign any portion of the accident’s cause to you. Should you share negligence in the accident, it might not bar you from receiving compensation; however, it might reduce how much compensation you can receive, per CC Art. 2323.
Our legal team can explain this further if we believe comparative negligence laws may affect your case. We want to ensure your rights are protected after a motorcycle accident.
Our Team of Attorneys Is Ready to Fight for Compensation for Your Injuries
If you were injured in a motorcycle accident, you might have the basis of a lawsuit for financial compensation. Contact the personal injury team at Laborde Earles Injury Lawyers today. When you work with our team, you can focus on getting better while we take care of everything else.
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