How Much Should You Settle for After a Motorcycle Accident?

Serious or fatal injuries, income loss, and emotional trauma are just some of the major consequences victims of motorcycle accidents endure. Riders share roads with other motor vehicles, but without the protection of a car or truck body, those vehicle-occupants have.

Motorcycle accident victims often need substantial compensation to achieve maximum recovery and a stable financial future, but knowing how much to demand and how much to expect to receive is challenging. A motorcycle accident lawyer from Gatti, Keltner, Bienvenu & Montesi, PLC (GKBM) will help you calculate an appropriate demand and secure that much-needed settlement.

Settle for the Highest Amount Possible

There is no “average” amount you should settle for after a motorcycle accident. However, you should not settle for less than you deserve and should pursue the highest amount possible. What that amount is depends on a variety of factors, including the extent of your injuries, the consequences of your injuries, and the level of negligence demonstrated by the at-fault party. 

Without experience, it is difficult to calculate that amount. In fact, it is easy for victims to underestimate their long-term needs or be taken advantage of by unethical insurance companies. 

A motorcycle accident attorney from GKBM is the ally you need to ensure you receive the settlement amount you deserve. Our team has decades of experience building and valuing motorcycle accident cases and will seek an amount to cover your present and future needs and bring you justice. 

Factors Affecting Your Settlement

Every motorcycle accident case is different. A skilled motorcycle accident lawyer will give your case individual attention and assessment, considering the specific factors affecting your situation. 

Injuries

The severity of your injuries and their effects are major factors in determining your settlement. Catastrophic injuries, such as damage to your brain, change your life. Following these injuries, you will not be able to do or enjoy many of the things you could before being hurt and will require long-term medical care.

Even moderate injuries require time to heal. During that time, you will probably have to take time off from work and make other arrangements for transportation or to keep up with household responsibilities.

Income Loss

Recovery time off from work comes with lost wages. Your attorney will calculate a settlement to recoup those losses. If you are injured so severely that you cannot return to work or earn at the same level you did before the accident, your lawyer will factor in future earnings and other job-related benefits you have lost.

Loss of Enjoyment of Life

Your injuries may leave you with temporary or chronic pain, limited mobility, lack of ability to care for yourself on your own or keep you from enjoying activities, social engagements, or relationships. These losses bring significant emotional distress, perhaps leading to anxiety and depression and almost surely diminishing your quality of life.

These non-tangible damages demand compensation for the sake of justice and to give you financial access to new opportunities or resources to help restore some quality of life.

The At-Fault Party’s Level of Negligence

States determine their own personal injury laws. Tennessee and Arkansas follow a modified comparative fault system, and Mississippi follows a pure comparative system. While there are differences, both systems assign a percentage of fault to the parties involved in an accident. If you, even as the victim of the more serious consequences, bear some percentage of fault, the compensation you receive is reduced by that same percentage.

You can expect the at-fault party’s insurance adjuster to look for ways to assign you blame, even resorting to unethical strategies to pin you with fault and reduce your payout. For example, if you were not wearing the required protective gear, the at-fault party can argue that your lack of gear is at least partially responsible for your injuries.

Trust a knowledgeable motorcycle accident lawyer to navigate these fault laws and protect your settlement from unjust reductions.

Punitive Damages

Tennessee, Arkansas, and Mississippi allow victims to collect punitive damages if they can prove the at-fault party acted with particular recklessness, negligence, or intent. Punitive damages are not about compensating you for your losses, but about bringing justice and punishing the at-fault party for the harm their appalling behavior caused. 

Wrongful Death

If your loved one is killed in a motorcycle accident, you are not without recourse. From medical expenses to the income your loved one contributed to the household, the losses you sustain can be recovered through a wrongful death claim. You can also pursue compensation for your pain and suffering and the loss of a relationship. 

How a Motorcycle Accident Lawyer Will Secure Your Settlement

Your motorcycle accident lawyer will investigate your case from top to bottom to discover its true cause and identify the actual at-fault party. Sometimes, the reason for an accident seems obvious, but further investigation reveals a different cause. Your attorney knows you can only collect if you prove the at-fault party’s negligence, and to do that, you must file against the true at-fault party.

Through the investigation, your attorney will also compile evidence to build your case. Your lawyer will 

• Consult with accident reconstructionists
• Speak with vehicle, medical, or other experts who have insight relevant to your case
• Contact and document statements from witnesses
• Access traffic or security camera images or footage

After assessing your case, your attorney will calculate an appropriate settlement demand and will block attempts by the at-fault party’s representatives to treat you unjustly. Your lawyer knows what your case is worth and will handle all communication with these parties, refusing to accept less than you deserve.

Do Not Settle for Less

You deserve to be fully compensated for your losses following a motorcycle accident. Fighting to recover these losses on your own or with inexperienced legal representation will only leave you frustrated and without the settlement you need. Do not settle for less than you deserve. 

Reach outto an experienced, compassionate motorcycle accident attorney from GKBM who will fight to get you the highest settlement award possible.