Motorcycle Accident Settlements Explained

If you've been in a motorcycle accident and you're seeking settlement, you might be wondering what factors will be considered when establishing a settlement amount. This post will give you a general idea of personal expenses that might be added into your settlement, as well as nonfinancial factors that might be considered. However, before you pursue a lawsuit or accept a settlement offer, be sure to work with a qualified motorcycle accident attorney.

Fault

First and foremost, before a settlement is even possible, fault will need to be established. You must be able to make it clear that the other party was negligent or intentionally harmful in some way. Perhaps they were driving recklessly, or maybe they were texting and driving; one way or another, you'll need to prove that the other driver was not living up to their responsibilities in sharing the road with motorcyclists. Once you've established this, you'll be able to start considering other factors when determining what a fair settlement will be.

Medical Expenses

One of the primary monetary considerations in a motorcycle settlement will be your medical bills. These can add up quickly in the wake of a vehicular accident, and often, the party at fault can be held liable for those expenses. So, be sure to hang onto any receipts or statements showing what you've had to pay for treatment of any accident-related injuries. This can even include long-term therapy expenses related to your recovery.

Repair Expenses

Odds are, your motorcycle was damaged in the accident as well. You may be able to request that the responsible party pay for any repairs to your bike. Ultimately, the goal of a settlement is to restore the injured party to their original state without a cost to them; this can often include replacement or repair expenses.

Legal Expenses

You shouldn't pursue or accept a settlement without an attorney. And, of course, attorneys often come with expenses. These may be added onto your settlement amount so that you can get the legal advice you need without suffering financially. Other court-related expenses, such as filing fees, may also be added to the settlement.

Lost Wages

If you've had to miss work as a result of the accident and your injuries, this is often considered when establishing a settlement amount. Most courts will agree that you should be compensated for lost time at work, as going without that income can significantly impact your life-especially if your injuries have laid you up for an extended period of time.

Pain and Suffering

Not all aspects of a settlement are related to expenses though because an accident impacts your life in more than just financial ways. You've endured pain-both physical and mental-as a result of your accident, and you may be able to claim a higher settlement amount to compensate you for that suffering.

Punitive Damages

If the responsible party has been especially negligent-e.g., they were drunk, texting or otherwise using their cell phone, or driving very recklessly-you may be able to request that punitive damages be added to your settlement amount. Punitive damages refer to an amount that goes above simple compensation and is awarded to punish the defendant for actions that the court deems irresponsible.

There are other factors taken into consideration when determining a settlement amount, so be sure to speak with an attorney at Steelhorse Law to establish how much you can expect in your motorcycle accident settlement. Call our 24-hour hotline at 1-888-38-COURT (1-888-382-6878) to see how we can help you.