How Much Should You Settle for After a Motorcycle Accident?

If you are hurt in a motorcycle accident, the long-term outcomes can be devastating. The physical trauma from an accident often results in debilitating injury or permanent disability. Even while traveling at low speeds, a motorcycle lacks protection against impact with fixed objects, road hazards and other vehicles. Traumatic brain injury is one of the most severe injuries suffered by motorcyclists. TBIs often involve lifelong care to manage the effects of brain injury.

Over 84,000 motorcycle injuries occur from accidents every year. Recovering damages after an accident can be difficult because insurance companies often have a bias toward motorcycle riders. Insurers may attempt to place responsibility for an accident on a motorcyclist to limit the payment of damages. It is imperative to retain an attorney who understands how to protect your rights and get the compensation you deserve.

Why Is It Important To Establish Fault?

A personal injury lawsuit allows you to seek damages in a civil suit as a legal remedy for being hurt in an accident due to another party’s negligent or intentional actions. To move forward with a personal injury lawsuit, you need to prove these factors:

• Duty: A plaintiff must show the defendant owed a duty. In an accident case, a duty may be to follow specific traffic laws to avoid a crash.
• Breach: A plaintiff must prove a legal duty of care was breached. In a rear-end collision, a defendant may breach a legal duty of care by following too closely in violation of traffic regulations.
• Damages: A plaintiff must have sustained an injury to ask for damages. If no personal injury occurred, there is no legal right to recover damages.
• Injury: A plaintiff must prove that a breach of a duty on the defendant’s part is the cause of injury.

A personal injury attorney builds your case by establishing these criteria and asking for fair compensation for your losses, pain and suffering.

How Are Settlement Damages Determined?

There is no particular set of rules determining damage recovery. Damages are calculated by factors related to individual cases. Before reaching a recovery amount in a personal injury settlement, these areas and others are considered.

Medical Expenses

Medical costs are a significant part of settlement determinations. If you are hospitalized, have surgery, require medications, or need continuing doctor visits, your claim includes these expenses. Your attorney will ask you to keep detailed records of all medical items.

Statistics show that 35% of motorcycle collisions result in head injuries. When a traumatic brain injury is involved, the consequences are usually severe and long-term. Lifelong therapeutics and durable medical equipment could be necessary for permanent injuries. Damage awards need to consider future health projections and ongoing medical expenses.

Lost Wages

Lost wages are an issue in many accident cases. Being out of work for any amount of time is a stressful situation. If you are injured due to the actions of another party or are you covered under Michigan no-fault insurance laws, it is essential to seek reimbursement for time away from work.

Some individuals injured in an accident may have to take unpaid leave. If you work on commission or rely on earnings for bonuses, these monetary issues should be part of your recovery of damages.

Property Loss

Property damage or loss is usually a straightforward calculation in terms of a settlement. Insurance companies look at the type of damage and decide whether it’s repairable or a total loss. You receive the fair market value of a vehicle that’s totaled, based on age, mileage and overall condition of the car. This payout helps you to replace your vehicle.

Emotional Trauma

The level of distress caused by a motorcycle accident is considered for compensatory awards. Your emotional and mental are important concerns when your injuries or losses affect your well-being. You may have persistent mental health issues that require counseling or medication. While mental health conditions are often difficult to attach a cost to, treatment records from a mental health provider support your case for damages.

Permanency of Injuries

The permanent nature of your injuries is an essential part of settlement negotiations. Injuries that affect the quality of your life or impair your ability to function are serious concerns. Your doctor(s) provide information about your condition and your chances for a full recovery. If your health or mobility is permanently affected in an accident, a value is determined for the extent of these losses. Permanent injuries often result in higher damage awards due to life-altering effects.

Liability of Parties

Liability in an accident influences damage awards. For example, in a rear-end collision involving a motorcycle, a person who follows too closely recklessly endangering the rider’s safety could be liable for significant damages. If the party’s actions caused the accident, this affects the amount a lawyer will demand, given your injuries.

Most personal injury cases are settled outside of court with fair compensation. If your attorney feels your case should be taken to court, you will be advised of the reasons to pursue a formal lawsuit.

How Are Pain and Suffering Calculated?

One of the most detrimental aspects of motorcycle accident injuries is the changes that affect your quality of life. The issues of pain and suffering create a necessarily broad concept of general damages in personal injury cases. These damages don’t have a specific economic value like bills or wages, but they have a conceptual value because many personal issues contribute to an individual’s wellness and wholeness.

It may seem odd to attach a value to a person’s pain and trauma, but an altered quality of life is one of the most devastating outcomes of serious injury. You may not be able to fully engage with life as you did before an accident.

An injured person should keep a record (usually a daily journal) of postaccident life used to calculate pain and suffering. Since pain and suffering can be a significant part of a settlement, detailed documentation helps your attorney negotiate general damages for higher award amounts.

How Much Should You Settle for When Injured?

Your attorney guides you through the process of determining a proper settlement for your case. It is essential to understand your rights to compensation under the law. A skilled attorney knows what damages you are entitled to recover based on the merits of your case.

There are no “average” amounts regarding motorcycle accident settlements. Each physical injury case is unique, and damages are determined based on criteria that relate to your specific claim. While award amounts vary widely, an experienced attorney works to get fair compensation that covers the full scope of your losses and suffering.

We Protect Your Rights After a Motorcycle Accident

Mike Morse Law Firm is your team for experienced legal representation in a personal injury lawsuit. We are Michigan’s largest personal injury law firm, and we understand the personalized services our clients need after being injured in a motorcycle accident.

We want to help you protect your rights and get the compensation you deserve. We know how to defend your case in court and work toward a fair settlement. You have our guarantee: no fees until we win your Michigan accident case! Please fill out this quick contact form, and we will let you know within two hours if you have a case.