What is the average settlement for a motorcycle crash? There is no true average settlement for a motorcycle accident, as every case has unique factors affecting its possible settlement amount. To put yourself in the best position of receiving the highest settlement available, trust your case to an experienced Arlington motorcycle accident lawyer.
How Opposing Sides Reach a Settlement
You get a settlement for a motorcycle accident through negotiations that take place out of the courtroom with the at-fault party’s representatives. Motorcycle accident lawyers are skilled negotiators and will work to bring your case to a fair, negotiated resolution.
After calculating your case’s value, your attorney will send a settlement demand to the at-fault party’s team. Usually, they respond with a counteroffer for a lower amount. Then, the sides present arguments and evidence back and forth, continuing to negotiate the settlement amount until coming to an agreement.
Victims typically see settlement money sooner than a trial verdict, as trials can take longer to conclude than negotiations. Your attorney will fight to negotiate for true financial justice so you can collect your settlement and move forward with your life.
What a Motorcycle Accident Settlement Covers
While there is no average settlement for a motorcycle accident, there is consistency in the types of damages you can expect to seek from case to case. A fair settlement covers economic and non-economic damages, and in some cases, punitive damages.
Economic damages recover the financial costs and losses incurred by the accident, while non-economic damages account for the costs that come without a clear dollar amount. In all, the following damages are usually recovered or recognized:
- Medical costs
- Wage loss during recovery
- Future care costs, lost earnings, and benefits if you need continued treatment or cannot return to employment
- Repair or replacement of property damaged
- Other accident-related expenses
- Physical and emotional pain
- Disability or disfigurement
- Diminished quality of life
Punitive damages, also called “exemplary” damages, apply in cases involving extreme negligence. Punishing the offender and deterring the behavior are what punitive damages are designed to do. Not every case or settlement for a motorcycle accident warrants this additional payout, but if yours does, your motorcycle accident lawyer will fight for it.
Factors Affecting the Amount of a Settlement for a Motorcycle Accident
The specific elements of a case affect the amount of the settlement for a motorcycle accident. Two key factors are the severity of your injuries and the degree of negligence assigned to the involved parties.
The Extent and Consequences of Your Injuries
The more serious your injuries, the more pain you feel, and the more rehabilitation you need. Your pain has value, and treatment costs money. Your attorney will seek a settlement amount acknowledging your pain and covering medical costs.
The severity of your injuries also affects your ability to work, earn, and support yourself. If your injuries keep you from working at the same earning capacity, your settlement will need to provide continued financial stability. Permanent disability may also prevent you from engaging in activities and relationships as you did before. Those losses increase the value of your case.
Degrees of Fault
Texas motorcycle accident victims can seek damages only if they are less than 51% to blame for the event. Those meeting this standard can have their compensation lowered by any smaller percentage of blame they bear, per Texas Civil Practice and Remedies Code Chapter 33.
The other side will look to put as much blame on you as possible, so advocacy from a motorcycle accident attorney is critical. For example, Texas does not require helmets for riders aged 21 and older. However, if you are unhelmeted upon collision, the other side may claim some injuries could have been prevented if you had chosen to wear a helmet.
Your lawyer will fight to minimize the effects of this claim, showing that your unhelmeted status did not cause the crash.
How Your Motorcycle Accident Lawyer Will Lead Your Fight for a Settlement
The role of a motorcycle accident lawyer is to keep your best interests front and center throughout your case, give you trustworthy support, and fight for the highest settlement possible. Our team will check every box. We will carry out a comprehensive investigation to determine fault and then file a claim against the negligent party.
We will assess the value of your case with painstaking care. Unfortunately, the unique aspects of motorcycle accident injuries make them especially devastating. Crashes often involve ejection from the bike, crush injuries, or direct and violent contact with the ground, obstacles, or other vehicles. We’ll ensure your settlement for a motorcycle accident addresses all your losses.
To get a fair settlement for a motorcycle accident, you need an attorney who can handle insurance companies. Companies often hold biases against bikers, seeing them as rebellious risk-takers and assuming they are to blame for crashes. If left unchallenged, these biases can result in a lower payout.
When the Other Side Refuses to Make a Fair Offer
Motorcycle accident cases often resolve with a negotiated settlement. Still, you need a team prepared to fight at trial just in case the other side is not willing to cooperate. If negotiations fail, you can pursue a trial judgment by taking the claim to court.
Be sure to connect with an attorney soon after your accident to protect your day in court. Injury victims in Texas usually have two years to file with the court, according to Chapter 16 of the Texas Code.
Filing your claim can also increase your settlement for a motorcycle accident by showing the other side you mean business. If they fail to make reasonable offers, this can be a signal that you will take the fight before a judge if necessary.
We Will Demand the Maximum Settlement for a Motorcycle Accident
The Texas Law Dog does not want you to settle for less than you deserve for your motorcycle accident. We bite back against unfair practices by insurance companies or other attempts to deny you justice. Connect with us for a free case consultation. You can trust us to fight for the maximum settlement available.
