Have you been a motorcycle accident victim, or do you know someone who has been in one? This can be an incredibly stressful moment in anyone’s life, and navigating the legal process that follows often leaves many people feeling overwhelmed. One of the most pressing questions for someone who has suffered during a motorcycle accident is about money – how much is a good settlement for a motorcycle accident?
The average motorcycle accident settlement can vary per state, as most motorcycle accident cases are unique. Some motorcycle accidents result in severe injuries, while in other cases, the motorcycle riders escape with just a few scratches. This article will answer the question about motorcycle accident settlements and how you should go about one.
In Hollywood, Florida, be sure to contact a personal injury lawyer from the Law Offices of Jared Spingarn. Jared’s team has handled many motorcycle accident cases and can help you with a motorcycle accident claim. Get in touch with a motorcycle accident lawyer from Jared’s firm today to begin the process.
Motorcycle Accident Laws in Hollywood, Florida
In Florida, the Sunshine State, motorcycle accident laws are determined by statute. Regarding motorcycles, special care must be taken as they have their own set of road rules and regulations. In terms of a settlement, the first thing to determine is if there is a fault on either side.
No-fault Insurance Laws
This law exists to protect both parties so that a motorcycle accident settlement is reached as quickly and fairly as possible. This means that if you were involved in a motorcycle crash, regardless of fault, each party’s insurance would cover their damages. The insurance companies will determine how much each party is entitled to, which becomes the basis for a motorcycle accident settlement.
It’s important to note that under no-fault laws, medical bills up to a certain amount may be covered by your own car insurance carrier, regardless of fault. This can help you get necessary medical care and manage your bills. However, non-economic damages, such as pain and suffering, are often excluded from this type of coverage.
Comparative Negligence Laws
This is known as comparative negligence if you are found to be partially at fault for the accident. In Hollywood, Florida, any damages awarded to a party will be reduced depending on their percentage of fault in the motorcycle accident.
For example, if you were found to have contributed 20% to the accident, then your total award would be reduced by 20%. So, if you were awarded a motorcycle accident settlement of $10,000, you would only receive $8,000 under the comparative negligence rule. This is determined by a court, and the amount of your settlement would then be adjusted accordingly.
Statute of Limitations
In Hollywood, Florida, you have four years to file a claim after a motorcycle accident has taken place. This is known as the statute of limitations and starts from the date when the motorcycle crash occurred.
You should also remember that if your injury was minor but became more serious later on, this can extend the time limit for filing a claim depending on the circumstances. Your personal injury lawyer from Jared Spingarn’s firm should be able to advise you on your personal injury case in the context of the statute of limitations.
Common Motorcycle Crash Injuries
The injuries associated with a motorcycle crash can vary depending on the accident’s severity. These injuries also serve as evidence in a motorcycle accident claim. The amount you will receive from a motorcycle accident settlement is highly dependent on the severity of the injury and any medical costs associated with it. Common types of motorcycle injuries include the following:
- Broken bones – Broken bones can range from minor fractures to more severe injuries that require surgical intervention.
- Head, neck, and back injuries – These types of injuries are common in motorcycle accidents. They can include concussions, whiplash, spinal cord damage, and traumatic brain injuries.
- Burns – Motorcyclists may suffer burns due to their skin coming into contact with hot engine parts or from their clothes catching fire.
- Internal organ damage – Motorcyclists can also suffer internal organ damage as a result of the impact of the crash.
- Emotional trauma – Even if physical injuries are minor, emotional trauma can be severe for riders who have been involved in an accident. A motorcycle accident victim’s pain and suffering are intangible, but can often affect the victim’s emotional and mental well-being.
- Internal bleeding – Internal bleeding can result from broken bones and other internal injuries. Many accident injuries suffered in a severe crash can lead to internal bleeding.
- Bronchial damage – This can occur if a motorcyclist is thrown from their bike and inhales dirt or debris in a motorcycle accident.
- Road rash – Motorcycle riders who are thrown from their bike can also suffer severe abrasions and skin damage.
It is important to remember that even minor injuries can have long-term effects on your health and quality of life. This is why you need a knowledgeable personal injury lawyer by your side after a motorcycle accident. Your lawyer can help you receive the compensation you need to cover medical expenses and other damages.
Long-term Effects of a Motorcycle Crash
Even if you don’t experience any serious physical injuries after a motorcycle accident, there can still be long-term effects. Riders who have been involved in a motorcycle accident may suffer from any of the following:
- Chronic pain
- Post-traumatic stress disorder (PTSD)
- Difficulty concentrating
- Difficulty sleeping
- Loss of memory
These are just some of the potential long-term effects that a motorcyclist may experience after an accident. It is essential to seek medical attention if you have any symptoms, as it could indicate underlying issues or physical injuries that require treatment. Taking care of your mental health is just as important as taking care of your physical health after a motorcycle crash.
Who can be held liable in a motorcycle accident?
Motorcycle accident victims can seek compensation from any party who may have been liable for the accident. This could include any of the following:
- The driver of the motor vehicle
- The driver of the other vehicle
- Other motorists or passengers
- Government agencies responsible for maintaining roads and highways
- Manufacturers of the motorcycle and suppliers of defective parts or vehicles
- Property owners who failed to maintain safe conditions on their property
- Other negligent third parties
Types of Compensation Available in Motorcycle Accident Settlements
The types of compensation available to you in a motorcycle accident settlement depend on the type and severity of injury sustained. Generally, the types of compensation that may be available include:
1. Medical expenses
This includes hospital bills, costs for medications and treatments, doctor visits, and other related expenses. To account for these in a motorcycle accident settlement, you will need a copy of all your medical records and the subsequent expenses.
2. Lost wages
This can help to cover any lost income due to time off work due to injury or the inability to perform your regular duties. This includes past and future earnings that were lost due to the motorcycle accident.
3. Pain and suffering
As mentioned, this is a form of non-economic damage that can help cover any emotional and physical trauma from the accident. Even if you just sustained minor soft tissue injuries in a motorcycle accident, the pain and suffering can linger for a long time after the incident.
4. Property damage
This includes damage to the motorcycle, clothing, and other personal objects damaged in the accident. A motorcycle accident settlement may include property damage when the other party is responsible for the damages.
5. Punitive damages
Punitive damages are awarded if a party’s negligence was particularly egregious or reckless. These damages are meant to punish the negligent party and deter them from engaging in similar behavior in the future.
6. Wrongful death
If a family member or loved one was killed in a motorcycle accident, then their survivors may be able to seek damages for wrongful death. It is important to remember that every case is different, and the amount of compensation you receive will depend on the specifics of your situation.
What is the average motorcycle accident settlement?
The average settlement depends on a variety of factors. Generally speaking, settlements can range anywhere from a few thousand dollars to millions of dollars.
When calculating a motorcycle accident settlement, several components can influence the final amount, and these include:
The severity of the injury
This is the most important factor in determining a motorcycle accident settlement. The more serious the injury, the greater the compensation may be. The amount you can get may also depend on whether or not you have long-term disabilities or disfigurement. A personal injury lawyer can help you evaluate your claim and determine the full extent of your damages.
The degree of negligence or fault involved in motorcycle accident cases
This refers to the percentage of fault assigned to each party. A higher degree of negligence or fault means a higher motorcycle accident settlement amount.
The amount of medical bills incurred
The more expensive the medical bills, the greater the compensation may be. A motorcycle accident claim is highly dependent on the severity of the injuries, which are closely tied to the costs of medical treatment.
The expected future costs associated with the injury
As mentioned, injuries from a motorcycle accident can linger for months or even years after it occurred. This includes both economic and non-economic losses, such as pain and suffering.
The availability of evidence
Gathering as much evidence as possible is critical in proving fault and liability in an accident. If it is proven that the other party caused the motorcycle accident, then you have a greater chance of receiving a higher motorcycle accident settlement.
The amount of liability insurance coverage
The higher the insurance coverage, the greater the potential for a higher settlement. It is important always to update your insurance policy and speak with your insurance company when you get into a motorcycle accident.
Length of Time for a Settlement
On average, a motorcycle accident settlement can take anywhere from a few weeks to several months or even years. The length of time it takes to settle a claim depends on various factors, including the complexity of the case and the willingness of all parties involved to reach an agreement.
How to get the best outcome from your settlement negotiation in Hollywood, Florida?
When negotiating your motorcycle accident settlement, there are several strategies to keep in mind. These include the following:
- Thoroughly documenting the accident and all related expenses
- Keeping detailed records of medical treatments and bills
- Gathering evidence such as police reports, photos of the accident scene, witness testimony, etc.
- Working with an experienced motorcycle accident attorney from the law firm of Jared Spingarn
- Keeping open communication with the liable party or their insurance company
- Negotiating for a fair and reasonable motorcycle accident settlement amount.
How much can you get from your insurance company?
The amount of compensation you can receive from your insurance company depends on the policy limits and coverage that were in place when the motorcycle accident occurred. Generally speaking, the more comprehensive your policy, the higher the potential payout. Additionally, if you have uninsured/underinsured motorist coverage (UM/UIM), it may also provide additional protection for losses related to the accident.
On another note, it is important to be aware that insurance companies may try to settle for less than what your claim is worth. To avoid this, ensure you are aware of the value of your claim and how much compensation you are entitled to. Your personal injury attorney from Jared’s firm can speak with the insurance company on your behalf so you can focus on your recovery after the motorcycle crash.
Advantages and Disadvantages of Not Settling Out of Court
After a motorcycle accident, you can file a claim in the hopes of reaching a fair motorcycle accident settlement. If you choose not to settle out of court, you may be required to go through a lengthy and costly trial process. This can include gathering evidence, taking witness testimony, presenting your case to a jury, and potentially appealing the case if necessary.
On the other hand, by not settling out of court, you can gain more control over the outcome of your case. This includes having an opportunity to present all relevant evidence in court and make arguments that support your position. Additionally, if the liable party is found guilty, you may be able to receive higher compensation than what was initially offered in the original motorcycle accident settlement agreement.
What to do after a motorcycle accident in Hollywood, Florida?
After a motorcycle accident, it is important to take the following steps:
- Seek medical attention for any injuries.
- Document all treatments and expenses related to the accident.
- Gather evidence such as police reports, photos of the scene, etc.
- Contact an experienced motorcycle accident attorney for legal advice. In Hollywood, Florida, be sure to get in touch with Jared Spingarn immediately.
- Negotiate a fair and reasonable motorcycle accident settlement with the liable party or their insurance company.
- Be aware of any deadlines for filing a lawsuit or making a claim.
Can a lawyer help?
An experienced motorcycle accident lawyer from the law firm of Jared Spingarn can help you in various ways. They can review the details of your motorcycle accident case and provide legal advice on how to proceed. Additionally, they can negotiate with insurance companies or other parties involved to reach a fair settlement agreement that adequately compensates you for your losses. Furthermore, if necessary, they can also represent you in court and fight for the best possible outcome for your case.
Overall, having an experienced motorcycle accident lawyer on your side can give you peace of mind and help ensure you receive the compensation you deserve in a motorcycle accident case.
With enough knowledge of how much is a good settlement for a motorcycle accident lawsuit, you are now better equipped to handle any future motorcycle injury claim. Remember to always seek medical attention as soon as possible and contact an experienced personal injury attorney from Jared Spingarn’s firm for legal advice. With their aid, you can get the recompense that is rightfully yours and put this experience behind you.
>> If you’re involved in a motorcycle accident in Florida, don’t hesitate to reach out to Jared Spingarn, Accident Attorney, at 1-954-781-2316 for a Free Case Review or drop a message on their Contact Us page.