It’s one of the most common questions our motorcycle accident attorneys receive: how much money can I get in a motorcycle accident settlement? And, despite what you may have read or heard, there is no average motorcycle accident settlement or standard value for a personal injury case.
Some law firms might draw from a small (confidential) pool of in-house settlements to come up with an answer to your question. But in truth, every motorcycle accident case is unique. Every crash and every victim has its own characteristics.
To know what you might expect to receive in a motorcycle accident settlement or verdict, it’s important to understand:
- What damages can be awarded if you win your case
- The factors that can affect valuation, that is, the process of estimating the value of your case
What’s covered in a motorcycle accident settlement?
In New York, compensatory damages can be awarded to a plaintiff (injury victim) in a motorcycle accident case.
Compensatory damages are divided into two categories: economic and non-economic.
Economic damages are paid to offset the verifiable expenses related to your motorcycle accident. Examples include:
- Present and future medical bills
- Costs of physical therapy, occupational therapy, and other types of rehabilitation services
- The cost of replacing or repairing damage to your motorcycle and other property damage
- Lost wages, income, and job benefits
- Lost job opportunities
- Disability
- Nursing care or assistance
- Out-of-pocket costs, including expenses related to transportation to and from treatment
When you receive an economic award, you should be put back in the financial position you were in before the motorcycle wreck.
Non-economic damages, on the other hand, are intended to compensate for motorcycle crash-related losses and trauma that do not have a set financial value. These are incredibly personal and subjective things like:
- Pain and suffering
- Post-traumatic stress disorder (PTSD)
- Reduced quality of life
- Loss of consortium
- Disfigurement
- Scarring
- Embarrassment
The trauma of being in a motorcycle wreck will affect all victims differently, which makes non-economic losses difficult to value. This is one reason why settlements in motorcycle accident cases can vary so much from one case to the next.
Factors That Can Affect a Motorcycle Accident Settlement
Many factors will be relevant when it comes to assessing what your particular claim is worth. Important considerations during the valuation process include:
- What types of motorcycle accident injuries have you suffered?
- Are your injuries going to result in permanent impairment or disability?
- Does your medical team expect you to make a full physical recovery?
- How has the trauma of being in a motorcycle wreck affected you psychologically?
- Did the motorcycle crash aggravate any pre-existing medical issues?
- Were you wearing a helmet at the time of the motorcycle accident?
- How old are you?
- What was your earning capacity before the motorcycle crash?
- What’s your earning capacity now?
- Do you share responsibility for the motorcycle accident?
Cases involving catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, severe burns, and multiple broken bones, will generally be worth more than cases involving more moderate trauma. These can cause your day-to-day life to change and fundamentally alter how you live your life.
The personal injury lawyer you hire in New York City can also have a significant impact on your financial recovery. To maximize your settlement, you’ll want to enlist the help of an attorney with extensive experience handling motorcycle accident cases like yours, vast resources to match your toughest adversaries, and a demonstrated track record of top results.
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Shared Fault Can Reduce Your Motorcycle Accident Injury Settlement
New York has pure comparative fault rules in place. Under this structure, sharing fault for the crash will affect how much money can be awarded in a motorcycle accident settlement or verdict.
Damages will be reduced in direct proportion to degree of fault, meaning that the more liability you share, the less money you will receive in a motorcycle accident settlement.
Let’s say you’re hurt in a motorcycle accident in Brooklyn. You’re assigned half of the blame for the crash. It’s estimated that your motorcycle injury case is worth $100,000. When shared responsibility is factored into the equation, you’ll only be entitled to a $50,000 settlement.
You can be certain that insurance companies and negligent motorists in New York City will try to use this law to their advantage. They’ll do their best to shift blame and point fingers at you. You can protect yourself by enlisting the help of a qualified and respected motorcycle accident attorney near you in NYC.
Hiring an Experienced NYC Motorcycle Accident Lawyer Can Help Maximize Your Financial Recovery
Hiring a personal injury attorney can set you up for the financial victory you deserve after a motorcycle accident in Queens, Brooklyn, the Bronx, Staten Island, or surrounding areas in New York City. It can also increase the odds of getting a settlement that accurately reflects what your motorcycle crash case is worth.
Benefit from an experienced team that has won over $400 million in life-changing financial awards for injured motorcyclists and accident victims like you. Call Proner & Proner to set up a free consultation with our New York City motorcycle accident attorneys today. We’ll fight to make sure that you get every cent that your motorcycle accident case is worth.
