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 be represented by a personal injury lawyer from our firm, we can discuss more into 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
Even the compensation package of a passenger on your motorcycle at the time of the accident might be significantly different. 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 causes physical impairments
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 have a fixed price and include the following:
- Medical care costs
- Income loss
- Future loss of income
- Reduced earning capacity
- Motorcycle damage or destruction
To prove the economic value of these damages, our legal team may request medical records and bills from every health care professional and facility where you received treatments. We may also ask for financial records, income statements, repair estimates, and motorcycle value documents.
Your settlement may also include non-economic damages, also known as intangible damages. These damages are assigned a financial value based on how they have affected your life, but they cannot be proven with financial documents.
Find Out How Your Intangible Damages Are Calculated
Intangible damages include factors like:
- Physical and emotional pain and suffering
- Loss of enjoyment of life
- Psychological trauma
- Permanent disability or disfigurement
These damages can be recoverable as part of your case settlement. To assign a value to these recoverable damages, your lawyer may rely on your medical records, pain evaluation, future prognosis, and the costs of your mental health counseling.
Pain and suffering and other intangible damages are calculated based on the degree to which your injuries impede your ability to engage in social, personal, and professional activities you enjoyed prior to being injured.
Certain Legal Factors Determine Your Settlement Timeline
Your motorcycle accident lawsuit has a time limit, which is determined by 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.
Failing to meet the statutory deadline might prevent you from filing your lawsuit at all. 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 are able to 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.
Your Settlement May Be Affected by Comparative Fault Laws
According to the National Highway Traffic Safety Administration (NHTSA), motorcycle accidents can have many causes and contributing factors, including:
- 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 the at-fault driver to be able 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.
Our legal team can explain this further if your case might be affected by comparative negligence laws.
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 by calling (337) 777-7777 today. When you work with our team, you can focus on getting better while we take care of everything else.