Categorized: Motorcycle Accidents,
There is no average payout for a motorcycle accident. However, after you have suffered devastating injuries in a motorcycle accident, you can meet with an attorney who can review your damages and let you know how much you could recover in an insurance settlement or injury lawsuit.
Every person’s motorcycle accident will affect their life differently. The compensation you will be awarded can vary widely based on your case’s circumstances. Here is more about how to determine the value of your motorcycle accident claim so you can get a better idea of what the average payout might be in your case.
The Value of a Motorcycle Accident Claim
To calculate the value of a motorcycle accident settlement, your attorney will need to closely evaluate your damages in full. You could be awarded two primary types of damages in a motorcycle accident case. These involve compensatory damages and punitive damages.
Compensatory Damages
Compensatory damages are the various losses you have the right to recover following an accident. These losses are often considered economic damages or non-economic damages based on the financial value of the loss. For example, some examples of economic damages could include:
- Lost income
- Reduced or lost earning capacity
- Medical expenses
- Property damages
While some examples of non-economic damages could include:
- Physical pain and suffering
- Mental anguish
- Loss of consortium
- Reduced quality of life
- Emotional distress
- Skin scarring and disfigurement
- Disability
These are only a few of the compensatory damages you could recover in your motorcycle accident claim. Your lawyer will discuss how the motorcycle accident affects your life in great detail to ensure they account for every loss.
Punitive Damages
Punitive damages can be awarded in motorcycle accident claims when the defendant’s actions are found intolerable. The defendant must have engaged in grossly negligent conduct for punitive damages to apply. Only a judge or jury can award these rare damages on a case-by-case basis.
However, since they are designed to punish the defendant, if you are awarded punitive damages, it could greatly increase the amount of compensation you are awarded in your case. You can find out more about whether punitive damages could be awarded in your motorcycle accident claim by contacting your attorney.
Insurance Settlement Payouts for a Motorcycle Accident
The average payout for a motorcycle accident settlement can vary widely depending on how much insurance coverage the liable party bought. Indiana is a fault state for auto insurance coverage. This means when you have been in an accident, instead of filing a claim with your own insurance company, you will need to file a claim with that of the liable party.
Many motorcycle accident victims assume they will be compensated for every loss through an insurance settlement. However, this is often not the case. In fact, insurance settlements are based on the types and amounts of coverage purchased by the policyholder.
What Happens if the Driver Who Caused the Accident Doesn’t Have Auto Insurance?
If the person responsible for causing your motorcycle accident didn’t buy insurance at all or bought only the amount of coverage state law requires, you may find that the insurance company won’t cover excess damages. Some of the losses an insurer generally will not cover include:
- Non-economic damages, including pain and suffering, emotional distress, loss of consortium, and reduced quality of life
- Costs of increased insurance premiums
- Reputational damages
- Compensation for skin scarring and disfigurement
- Lost wages and diminished earning capacity
What to Expect if You File a Lawsuit After a Motorcycle Accident
Although you may not be able to recover every single loss through an insurance settlement loan when the liable party’s insurance coverage does not adequately meet your needs or the liable party does not have insurance coverage, you can file a lawsuit against them.
The amount of compensation you can be awarded in court can also vary widely based on your case. If you have a partial insurance settlement offer, you can seek damages the insurance company did not cover in your motorcycle accident lawsuit.
However, if the defendant did not have auto insurance coverage when they hit you, you may be filing a lawsuit against them for your compensatory damages.
Your Medical Documents Can Determine Your Payout for a Motorcycle Accident
Nothing is more important than your health after a motorcycle accident. Seek medical attention immediately. Your motorcycle accident attorney can use these as evidence for your case. It can help them tie the accident to your injuries and establish the negligence of another party. It can also give them an idea of how much compensation to seek.
The last thing you want is to pay for your accident-related losses down the road. If you have an injury that’s going to require long-term care, you want your payout to reflect that.
Get Help From a Motorcycle Accident Attorney Today
Your motorcycle accident injuries may have a traumatic impact on your life. Whether you are dealing with critical physical injuries, substantial financial troubles, or troubling emotional distress, you have the right to be compensated for every loss. While there may be no average payout for a motorcycle accident, you can work closely with your attorney to determine how much your case could be worth.
Meet with a motorcycle accident lawyer at Sevenish Law Firm, P.C., today. Our firm proudly offers no-cost, risk-free consultations to motorcycle accident victims across Indiana. Claim yours by completing our quick contact form or calling our office.
