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If you’re injured in a crash, you’ll probably wonder what is the typical settlement for a motorcycle accident? It’s normal to want to find that out, but it’s not very helpful. The factors that lead to coming up with a settlement in your case may not be average. Your case could be worth more or less.
Caldwell Wenzel & Asthana, PC, has represented hundreds of clients injured in motorcycle accidents. Over the decades, settlements in these cases have varied based on the severity of the accident, as well as several other factors involved in determination of settlement amounts. We’ll look at those factors more closely below.
If you’re injured by another’s negligence, the settlement will almost always be covered by an insurance policy. Claims adjusters may treat you very nicely, but they don’t work for you. They work for the insurance company. Adjusters want to settle a claim as cheaply and quickly as possible. If you want to improve your chances of a higher settlement, a motorcycle accident lawyer from Caldwell Wenzel & Asthana, PC, can help.
Every motorcycle injury claim and settlement starts with adding up the victim’s damages. Damages measure in dollars the harm to the injured party. They are the tangible losses (like physical injuries or damage to your motorcycle) and intangible losses (like pain and suffering), both those easy to calculate and less concrete ones.
Motorcycle crash damages could cover:
This list of possible damages illustrates how each case is different. An “average” settlement for a motorcycle accident may better be viewed as determining what a typical settlement would be for a motorcycle accident which caused a specific type of injury with an expected recovery period and medical costs.
The best way to understand what amount you can anticipate in a settlement for your case would be to talk to a skilled attorney. Our team at Caldwell Wenzel & Asthana has experience you can trust to list all possible damages you can pursue and the possible value for each. Call us today at (251) 444-7000 so we can discuss the details of your motorcycle accident case.
To calculate the amount of a motorcycle accident settlement, the first step is to identify the damages. These damages fall under two categories:
To help your attorney calculate and track expenses, it is essential that you retain all records associated with those expenses. You need invoices, receipts, and wage statements to document your claims.
What’s a good settlement for a motorcycle accident? It may come down to the multiplier. A common way to come up with a motorcycle injury settlement amount is to multiply general damages by a multiplier (usually from one to five) and then add that sum to the special damages.
The parties commonly disagree on how high this number should be, which sets them apart in settlement negotiations. Depending on the amount of special damages, the difference between a multiplier of 1.5 and 4 could be tens of thousands of dollars.
This multiplier starts at one and could go as high as ten in extreme cases. Factors that increase the number include:
Knowing what the average payout is for a motorcycle accident may not matter much, because of your unique situation. Despite what these figures are, you need to be realistic about the value of your case. You may have been very traumatized by the accident, but without severe injuries, it may be difficult to settle for a high amount.
A factor to consider is that under Alabama law, if it can be shown that you played any role in causing the accident, your case can be dismissed.
If an insurer sees this potential weakness in your claim, it will show in a lower settlement amount or no settlement offer at all. Even if you are not to blame, you still have the burden of proving your case. How strong is the evidence that the other party was at fault?
Insurance companies will pay only for covered accidents and only up to coverage limits. Damages often go beyond those limits. You may get all the money you can from an insurance company but still not have enough to cover all your losses. This is especially true if the same driver caused an accident involving multiple vehicles. That one policy may cover many claims.
There are other factors that can impact your settlement amount, as well. Not all insurance companies work the same way, so how we handle settlement negotiations for our clients will vary, depending on the insurer involved. In our experience, we also find that our clients have their own priorities. Some may be more willing to push a harder bargain, refuse to accept a settlement offer they think is too low, and risk going to trial. Others want to avoid the uncertainty and stress of a trial, so they will accept a lower amount in a settlement offered by the insurance company.
If you or your loved one is a victim of a motorcycle accident, call a motorcycle accident lawyer at Caldwell Wenzel & Asthana, PC, to discuss your legal options. You don’t lose your legal rights when you get on a motorcycle. You or your family may be compensated for the harm caused by negligent drivers.
Schedule your consultation with our motorcycle accident lawyers today by calling (251) 444-7000. We have offices are in Mobile, Foley, and Daphne, AL.