After the trauma of a motorcycle crash, one question injured riders often have is, “How much can I expect my accident claim to be worth?” While each case differs, this article aims to give bikers a general idea of average insurance payouts after a motorcycle collision.
Winston Law has negotiated countless injury settlements over the years. As an experienced personal injury law firm dedicated to bikers’ rights, our Davie motorcycle accident attorneys know settlement amounts can vary greatly depending on the details of each case.
Our goal is to help you make informed decisions and gain some insight into the accident claims process. Let’s take a look at how a settlement can be impacted by factors like injury severity, medical costs, lost income, and liability issues.
Understanding Factors that Impact Settlement Amounts
Every motorcycle accident and resulting injury case presents unique circumstances that influence settlement values. However, some common aspects typically have the greatest effect.
Injury Severity Levels
The type and extent of medical conditions directly affect potential payouts. Claims involving minor injuries tend to settle at a lower value, while more significant injuries that result in long-term effects often warrant higher compensation. The most severe cases involving life-altering disabilities or disfigurement usually exceed a standard settlement range.
Accident-Related Medical Costs
Thoroughly documenting all expenses related to emergency care, ongoing treatment, rehabilitation, and future medical needs helps substantiate the value of a claim. Settlements generally aim to cover all accrued and anticipated medical bills. Recouping average injury medical costs alone is estimated to require settlements above a certain baseline.
Lost Income and Lost Earning Potential
Proving wages that cannot be earned due to injuries from the crash is crucial for achieving suitable compensation. Most of the time missed from work directly correlates with wage recovery plus additional amounts factored in. However, serious crashes resulting in long-term job impairments may exceed typical settlements.
What Other Factors Can Affect My Motorcycle Accident Settlement Amount?
There are a few other factors besides injury severity that can impact the settlement amount in a motorcycle accident case:
- Liability/fault determination: If the rider is partially at fault or there are contributory factors, it may reduce the settlement amount. Establishing clear liability for the other party is important.
- Lost future earning capacity: For injuries that prevent the person from returning to their prior occupation, lost future wages over an entire career can significantly increase the settlement.
- Insurance policy limits: The available coverage limits from the at-fault party’s insurance policy can impact potential settlement amounts.
- Litigation/court costs: If a case proceeds through the court system, settlements may need to cover these additional legal expenses incurred. However, you can seek to have these expenses covered in your settlement.
- Pain and suffering valuation: Placing an appropriate value on non-economic damages like physical/emotional pain is subjective but can impact larger settlements.
- Medical costs projection: Settlements aim to cover all past/future medical bills, so higher estimated costs of lifelong care increase the amount.
Your personal injury lawyer will perform a comprehensive evaluation of your losses to ensure you don’t have to accept an undervalued settlement.
Achieving Maximum Settlement Value
The actual settlement you receive is influenced not only by the factors discussed but also by how effectively your claim is prepared and presented. Your motorcycle accident lawyer will work to maximize every eligible element and negotiate the strongest possible payouts.
Some ways we accomplish this include:
- Conducting thorough accident investigations to assign maximum liability
- Gathering all relevant medical records and bills
- Documenting lost income/wage amounts
- Hiring medical and economic experts for support
- Researching case law for comparable settlements
- Preparing well-reasoned demand packages
- Being prepared to litigate claims if necessary
You deserve full and fair compensation after being injured due to someone else’s negligence. Let our team fight to recover the settlement you need and deserve.
How a Motorcycle Accident Lawyer Can Help Make a Difference in Your Settlement
Securing fair compensation is important for covering medical costs and lost income. However, insurance companies don’t always offer settlements that account for all damages. This is where retaining a motorcycle accident attorney makes a significant difference.
A lawyer understands how to maximize the value of your claim through meticulous preparation. We conduct a thorough investigation to establish liability. Experts may be engaged to support various damages.
Your attorney uses evidence to build the best demand package. Negotiations are approached strategically, applying knowledge of past case resolutions and the strengths/weaknesses of each party’s position. Further, the threat of litigation often compels insurers to offer fair deals.
What Damages Can I Recover in a Florida Motorcycle Accident Claim?
Even though Florida is a no-fault insurance state, it may still be possible to file a personal injury lawsuit or negotiate for a greater settlement if your injuries exceed a certain cost threshold.
Here are the typical types of damages that may be recoverable in a motorcycle accident claim in Florida:
- Past and future medical expenses: This includes costs for emergency response, hospitalization, surgery, rehabilitation, prosthetics, prescriptions, assistive devices, and lifelong care.
- Lost wages: If the accident caused missed time from work or long-term disability preventing employment, lost income can be claimed.
- Pain and suffering: Compensation is sought for physical and emotional pain experienced due to injuries from the crash.
- Loss of earning capacity: For injuries impacting the ability to work at the same level in the future, this damage category applies.
- Disfigurement or scarring: Permanent injuries affecting appearance may warrant damages.
- Property damage: Repair or replacement costs for a totaled motorcycle or gear damaged in the accident can be included.
- Wrongful death: If the accident resulted in a fatality, survivors may claim economic losses and compensation for loss of companionship.
An experienced Florida personal injury attorney can help injured motorcyclists recover the full scope of losses through insurance claims or legal action. You can learn more about motorcycle accident settlements by consulting our free book, The Florida Motorcycle Bible.
Contact a Motorcycle Accident Law Firm to Learn More About Your Potential Settlement
The attorneys at Winston Law have decades of experience fighting to maximize compensation for injured clients. We know that navigating claim negotiations with large insurance companies can feel intimidating.
That’s why our team is here to guide you every step of the way, thoroughly develop the value of your claim, and leverage our resources and experience to bring about the best possible resolution.
You deserve full repayment for your losses and suffering. Let our attorneys do the work for you. Contact us today for a free case evaluation.
