*** It is important to know that there is no such thing as an “average settlement” for a motorcycle accident. However, in determining a settlement amount following a crash, several factors are typically taken into account and will be discussed in this article.
Perhaps there is no better feeling in the world than to ride, but a motorcycle crash comes with a serious risk. If you’ve been in an accident while riding a motorcycle, filing a claim is often one of the first steps to financial recovery.
However, an auto insurance claim may not guarantee full compensation for motorcycle riders, especially in Florida. Learn more about the process of filing motorcycle accident claims in Florida and how settlement amounts are determined for accident victims.
Determining Settlement Amounts For Motorcycle Accidents In Florida
This means that insurance coverage from one rider to another can differ greatly, and you may find yourself wondering if the damage is covered, or how you will pay for your injuries. When an insurance claim is not enough to cover your damages after an accident, filing an injury claim to seek damages through a lawsuit may be a better option.
At any point after a legal claim is filed, a settlement can be reached between the parties involved. Settlements represent a type of resolution that is valued by an agreed-upon amount of money paid in order to bring an end to a dispute.
Determining the settlement value of your motorcycle accident claim involves calculating several factors, which include:
- the fault driver’s insurance police
- your insurance police
- the severity of the damage to your bike and/or your severe injuries
All of these factors can vary greatly from one motorcycle accident to another. It’s important to remember that what you may hear are average settlement amounts may not reflect the unique circumstances in your motorcycle accident case and the damages involved.
Every accident brings about a different result. Speaking to an experienced motorcycle accident attorney as soon as possible after the incident is the best way for you to understand what factors are important to your claim and what options are available for recovery.
They are absolutely amazing and Jessica is absolutely amazing they got me the full amount from my car accident got me the medical bills reduced so I didn't have to pay as much and I still had some money left over they worked very hard on my case and tirelessly because the insurance company was not exactly cooperative
List Of Damages Awarded In Motorcycle Accident Claims
Special, or economic, damages account for past, present, and future financial losses that you have suffered as a result of the accident.
Economic damages from a motorcycle accident may include:
- current and/or past medical expenses related to treatment after the accident
- expenses related to future medical treatment such as physical therapy
- lost wages from being unable to work
- lost or diminished earning capacity due to an accident-related disability
Special damages may be easier to calculate because they are typically based on exact dollar amounts you have lost, or continue to pay over time.
Non-economic damages stand for more subjective losses, like emotional and physical pain and suffering or discomfort as a result of the accident. These damages cannot be as easily calculated, but still have monetary value based on similar cases.
If you have been injured in a motorcycle accident, the experienced personal injury lawyers at Florin|Roebig can help you discuss your damages and their potential values.
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How Florida’s No-Fault Law Affects Motorcycle Accident Settlement Amounts
Unlike motorists who drive cars, Florida’s motorcycle riders are not included in the state’s no-fault law requiring PIP insurance. This can leave riders vulnerable after a collision because they are responsible to seek compensation without no-fault reimbursement for initial medical bills, lost wages, and more.
Further, the state-required minimum bodily injury insurance may not be sufficient to cover damages for personal injuries. In this case, it is best to consider what legal options are available, including hiring a lawyer to claim damages through the court system.
However, unlike individuals who are in a car or truck who are injured by someone else’s negligence, motorcycle riders do not have to show a permanent injury in order to be compensated for pain and suffering.
Other Factors That Affect Motorcycle Accident Claims
In the aftermath of a motorcycle accident, it is comforting to have an idea of how you will financially solve all the issues related to the crash. Determining the value of your claim for damages is one way to gain that peace of mind, but there are important variables you should be aware of that can increase or decrease the value of compensation.
Severity Of Injury
The impact of a motorcycle accident can be different than a car accident, causing unique injuries and property damage that can range anywhere from minor to severe.
In cases where there are serious injuries (eg brain injuries, broken bones, loss of limbs), these circumstances will likely cause significant financial and personal losses during the period of recovery. On the other hand, cases involving little to no property damage or injury (eg. soft tissue injuries like lacerations) may result in a smaller amount of damages paid by the fault driver’s insurance company.
Proving negligence, or fault, on the part of the other party is one of the first issues in a motorcycle accident case. This is because it validates your claim and shows that the other driver’s actions are what caused the crash to occur. If fault is in question, sometimes a witness’s unbiased testimony about how the accident occurred can settle the issue.
Determining fault can be difficult without help. Experienced attorneys can take all the details of your accident into consideration to give you a good idea of your percentage of fault, if any, for the accident.
Impact Of Loss
Aside from calculating economic damages, one of the most important factors in establishing the value of your claim is providing evidence of how seriously the accident has affected your lifestyle and/or your livelihood.
For instance, if a permanent disability to the motorcycle rider’s arm has lessened their ability to perform their job or has kept them from working altogether, the value of their lost or diminished wages would likely be greater than someone who’s employment was not affected.
How To Get Compensation For A Motorcycle Accident In Florida
If you’re trying to understand the average settlement amount for a motorcycle accident or how to recoup compensation, the best step you can take is to contact an attorney.
The right attorney will review the details of your case, explain what damages to claim, and help you gather details from the accident which will put you in the best position to win your claim.
Gathering Details From The Accident
At the scene of an accident, it is important to take pictures of any crash-related damages and take down the personal details and insurance information of all parties involved.
Before you contact an attorney, it’s a good idea to gather as much information as possible to support your claim. Even if you don’t do this prior to calling, an attorney can guide you on any information you may need to support your case.
Information to keep on record if you plan on filing a claim includes:
- car repairs and car rentals
- medical bills and appointments
- lost wages (such as time needed away from work for treatment)
The more information is kept on-hand relating to injuries and financial losses, the stronger your claim may be, and the better your chances of obtaining a positive result at the conclusion of your case.
Contacting A Motorcycle Accident Attorney
Reaching out to an attorney for help after a motorcycle accident can put you in a position to be advised by a professional on your options and legal rights. An experienced lawyer can help protect you from being taken advantage of in the time after a motorcycle accident when you may be feeling your most vulnerable.
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File A Motorcycle Accident Claim To Get The Compensation You Deserve
Even a minor motorcycle accident can be an overwhelming experience, and filing a claim without the legal advice and help of a personal injury lawyer may add to the stress and confusion. Contact our experienced motorcycle accident injury attorneys at Florin|Roebig today for a free consultation to learn how we can help you through the process of filing a claim for compensation.