Nothing beats the feeling of freedom one gets from riding their motorcycle down the palm embellished roads of California. While riding a motorcycle can be exhilarating, this particular form of transportation does not come without risks. In fact, 45 percent of motorcycle accidents result in more than minor injuries, with motorcyclists being 29 times more likely to suffer fatal injuries than drivers of any other motor vehicle.
If you have been in a motorcycle accident, you need to seek the help of an experienced personal injury law firm. Being involved in this type of crash can lead to catastrophic and devastating results. Ensure you have a legal team who can help you understand the next steps after the accident.
How Much Can Be Recovered from a Motorcycle Accident in California?
When you combine the multitude of injuries that come from any motor vehicle accident with the fact that a motorcyclist is facing a 4,000 plus pound car or truck with no protection but a helmet, the damages can be devastating. As far as how much compensation you can expect to recover from a motorcycle accident settlement, there is no honest answer. In California, these settlements are handled on a case-by-case basis and tend to have different results with each new case. To get a general idea, consider the different factors considered with a case like this.
What Factors Determine the Average Settlement for a Motorcycle Accident?
Suppose you have been involved in a motorcycle accident in California. In that case, you can expect the following variables to play a part in how much compensation is recovered in the settlement:
- Liability: California is a fault-based auto insurance state, meaning that the driver at fault is liable for any damages to the other driver or passengers.
- Damages: Injured motorcyclists are entitled to compensation for any damages such as medical expenses, pain and suffering, and lost wages. For a maximum settlement, you must be able to provide evidence of these damages.
- Settlement Negotiations: Large insurance companies in California handle most motorcycle settlements. This means they will be looking to give the lowest possible amount for the settlement, and that is why it is crucial to have a trained personal injury lawyer on your side.
A motorcycle accident can cause you to experience a multitude of damages, and you deserve to be compensated for what you have lost.
How to Calculate Motorcycle Accident Damages
When you’re involved in a motorcycle accident, you will inevitably experience financial losses ––called “damages” –– of some kind. Personal injury cases may involve up to three types of damages, each of which is calculated differently. They are economic, non-economic, and punitive damages.
Economic damages include all financial losses, such as property damage, ongoing medical expenses, and lost wages are calculated on an actual loss basis. Your attorney may refer to your paystubs to calculate how much you lost in wages due to recovering from your injuries. Your medical bills may also be collected to calculate economic damages. Your attorney should also estimate how much treatment you will need in the future to take those expenses into account.
This type of damage is much harder to calculate as they are not tangible. These types of damages may include pain and suffering and can be calculated in two different ways.
The first way is the per diem method. The per diem method takes the amount of money the person would be losing for their pain and suffering per day and is then multiplied by the number of days they experience this damage.
The second method is the multiplier method. This method assigns someone a number between one and five based on the severity of their injuries, and that number is then multiplied by their economic losses.
Punitive damages are mainly awarded in extreme cases and are intended to punish the offender. These damages are calculated as proportionate to the actual damages and cannot exceed four times the amount of any economic damages.
Pursue a Fair Settlement with Help from Experienced California Lawyers
If you were involved in a motorcycle accident, you deserve to be compensated correctly so you can get your life back on track. With the help of a dedicated California personal injury lawyer, you can be sure that you will have the best chance of regaining damages that may be owed to you.
With more than 13 years of experience, Setareh Law Firm is ready to help you pursue a motorcycle accident settlement. While there can be significant stress surrounding a motorcycle accident case, you can trust that Setareh Law will offer you the specialized care you need to trust that you are in good hands. Click here or call us at (310) 659-1826 for your free consultation today.