The damages you can collect for a motorcycle accident vary based upon the extent of your injuries and property damage and the coverage that each driver carries. Depending on the state, you could file a claim with either your insurance policy or the other driver’s. If your injuries prove serious, and your losses exhaust the coverage awarded in an insurance policy, you might have the option to file a personal injury lawsuit against a negligent driver.
When pursuing compensation, you might consider recovering for the following losses:
- Medical bills, including costs for hospital stays, surgeries, rehabilitation, treatment, and medication.
- Lost wages and benefits from missed work.
- Reduced earning capacity in the instance of temporary or permanent disability.
- Pain and suffering.
- Loss of quality of life.
- Property damage.
Other forms of compensation could apply in your case. It is impossible to calculate the average amount of compensation from a motorcycle accident because each collision is unique. Different injuries can occur that could qualify the victim for compensation.
Motorcycle Accident Injuries
According to a Government Accountability Office (GAO) report, motorcycle accidents accounted for nearly $16 billion in costs in 2010. This total did not include long-term medical expenses, which are difficult to measure. Some of the injuries that can result in a motorcycle accident include:
- Traumatic brain injuries (TBI)
- Broken bones
- Internal bleeding
- Post-traumatic stress disorder
- Spinal injuries
Some injuries immediately threaten a victim’s life, while others can develop into ongoing medical conditions that linger for years. For example, according to the journal Pain Research and Management (PRM), chronic pain associated with whiplash can last for years after the accident.
When you seek compensation for medical bills, you will want to account for any future treatment you might require. To accurately assess your future medical needs, you can get an assessment from a doctor. You should keep any medical records, as they can serve as evidence of damages in your case.
Each state has different automobile coverage requirements, such as personal injury protection, collision, bodily injury liability, and even uninsured motorist coverage. The Insurance Information Institute (III) lists the minimum requirements and types of coverage by state.
An insurance policy may not cover all the expenses associated with a motorcycle accident injury. According to the National Highway Traffic Safety Administration (NHTSA), a minor motorcycle accident rarely occurs, as more than 80 percent of motorcycle accidents result in injuries or death.
Usually, the more severe the injury, the more costly the medical treatment becomes. If injuries require extensive treatment or develop into ongoing medical conditions, the damages you can collect for a motorcycle accident could amount to more than you initially expect. This difference between what you collect and what you expect is why it is essential to assess your losses accurately before accepting a settlement offer from an insurance company.
There is no way to estimate the average damages you can collect from a motorcycle accident because no two accidents are the same. Your compensation also depends on your ability to prove the other driver’s negligent acts caused your injuries.
If an insurance company denies your claim or offers you a settlement you believe inadequately compensates you for your losses, you could choose to file a personal injury lawsuit to recoup your remaining losses.
Pursuing a Personal Injury Lawsuit
If you seek legal representation for your case, your motorcycle accident lawyer might try to negotiate a fair settlement with an insurance company before taking legal action. If they cannot come to an agreement, they can argue your case before a judge and jury.
A personal injury lawyer can:
- Communicate with insurance companies on your behalf.
- File a personal injury, property damage, or wrongful death lawsuit.
- Gather the necessary evidence to bring your case to trial.
- Represent your interests at trial.
If you win your case, you will receive a court-awarded financial recovery. The compensation varies based on the evidence provided by each side, whether your state uses comparative negligence in determining awards, and the final decision of the judge or jury.
Many law firms do not charge any upfront fees for services because they only receive a payment if they secure a settlement or court award in your favor. These firms operate on what is known as contingency.
Contact Ben Crump Law, PLLC, for Help with Your Case
The damages you can collect for a motorcycle accident depend on the extent of your injuries and property damage. A motorcycle accident lawyer can help you assess your losses accurately, so you do not accept an insufficient settlement.
If an insurance policy fails to cover your accident-related damages fully, a lawyer can also help you file a personal injury or property damage lawsuit. You do not have to struggle with the legal process alone while you recuperate from your injuries. The team at Ben Crump Law, PLLC, can handle the details while you focus on your recovery. Call us today at 800-959-1444 to receive a free case evaluation with a team member.