There is no way of determining what the average settlement for a motorcycle accident is. The data that is required to make such a determination is not publicly available and, if it were available, it may not necessarily be of relevance to your case. Every case must be considered on its own merits, as must be the losses a victim suffers because of a motorcycle accident.
A Lawyer from Our Firm Will Calculate the Value of Your Losses
The economic cost of motorcycle accidents involving riders without helmets is over $1 billion each year, according to the Centers for Disease Control and Prevention (CDC). Whether you were wearing a helmet or not, your accident may carry a substantial price tag that ranges beyond the direct financial costs.
One of the elements that will go into any settlement you receive is the value of your losses. A Florida motorcycle accident lawyer from our firm can add up your financial losses for you to give you a better idea of what your settlement may be worth. Additionally, your lawyer can attribute monetary values to your non-financial losses and include these values in your settlement estimation.
What Damages Can I Claim for a Settlement After a Motorcycle Accident?
The losses that come from a motorcycle accident could depend on:
- Whether your case involves an injury or a wrongful death
- The specific types of injuries that happened because of your accident
- The severity of the injuries caused by your accident
- The type and extent of other harm that has afflicted you or a loved one because of your motorcycle accident
- How your body responds to your injuries and treatment
- The share of liability for your accident
The particular losses you may be able to claim include:
- Income you cannot earn because you are injured
- Harm to your earning capacity, which could last even after you have reached maximum recovery
- The cost of medical care to diagnose, treat, and rehabilitate your injuries
- Mental anguish which may include specific conditions such as depression, anxiety, and post-traumatic stress disorder (PTSD)
- Changes in your personality
- Harm to your cognitive abilities
Your Lawyer Will Help You Claim Your Damages
A lawyer from our firm will organize your account, witness accounts, and evidence so your lawyer may understand each way your accident has negatively affected your life and who is responsible for those negative outcomes. Then, your lawyer will demand all of your damages from the responsible party.
Florida Statutes § 768.81 details the legal principle of comparative fault. A lawyer may be able to better explain how comparative fault applies to your motorcycle accident case. It generally means that, even if you were responsible for some aspects of your accident, another party could still owe you compensation for your losses.
Statues also lay out time limitations to pursue legal action. Per Florida Statutes § 95.11(3)(a) you are given four years from the time the accident occurred or the injury was discovered to file a case. After that time is up it will be difficult to push it through the court system. An advantage to hiring a lawyer is leading your case for any compensation in a timely manner.
Can I Get Compensated for All of My Damages Through Motorcycle Insurance?
If you were to file insurance claims for your damages, you may not be able to get compensated for all of your damages. Generally, Florida motorcycle insurance companies compensate for only basic damages, such as motorcycle damage and medical bills. The companies typically don’t compensate for other financial damages or any non-financial damages.
However, a Florida motorcycle accident attorney from our firm may be able to negotiate with your insurers to get the most damages and the most value out of your insurance. Alternatively, your lawyer may be able to file claims against the other party’s insurance for further compensation, or file a lawsuit against the other party itself.
Insurance claims or a lawsuit may not be enough to resolve your case. If necessary, your lawyer can take your case to court and resolve it with a judge.
Negligent Motorists May Cause Motorcyclists Harm
The Insurance Institute for Highway Safety (IIHS) explains that motorcyclist deaths outpaced car occupant deaths by 29 times in 2019. Motorcyclists have far greater exposure to the risk of injury or death when they are involved in a collision, and motorists must do everything they can to avoid causing an accident with a motorcyclist.
A lawyer from our firm will be interested in understanding who caused your accident. The at-fault motorist may have been at fault because:
- They sped
- They tailgated
- They drank and drove
- They used drugs and drove
- They made an illegal or dangerous maneuver
- They were distracted
Motorcycle accidents happen all too frequently, and their frequency may be an indictment of drivers who fail to exercise necessary caution to protect motorcyclists from potentially deadly injuries.
A Lawyer from Our Firm Will Demand Accountability for Your Losses
Your lawyer can deal with the insurance companies as you pursue an insurance settlement or a lawsuit. Your lawyer will take care of:
- Determining all parties who should be named as defendants in your claim or lawsuit
- Filing your claim or lawsuit
- Collecting all evidence relevant to your claim or lawsuit
- Hiring experts to provide testimony on your behalf
- Illustrating why you are entitled to the compensation that you are requesting, which may include showing photographs and medical assessments for your injuries
- Negotiating a pre-trial settlement
- Completing a trial if necessary
How Much Is a Good Settlement for a Motorcycle Accident?
A lawyer from our firm may not be able to tell you what the average settlement for a motorcycle accident is. However, given enough information, they can tell you what settlement amount you should be entitled to. Part of their job will be to document and calculate the value of your accident-related losses.
A good settlement for you will be one that covers your damages and compensates you fairly. Contact the Law Offices of Anidjar & Levine today for a free consultation to see what kind of settlement we can devise for you. We go the extra mile for our clients and will go the extra mile for you or your injured loved one.