Setareh Law
July 16, 2024
What This Page Covers:
- Average Settlements: Due to the unique nature of every motorcycle accident claim, there is no true answer for the average settlement value.
- Contributing Factors: Your motorcycle claim’s worth is based on several variables, including the severity of your injuries, liability, comparative negligence, damages, and settlement negotiations.
- Types of damages: Motorcycle accident victims may recover economic damages, which include medical bills and lost wages, non-economic damages, like pain and suffering, and punitive damages, which aim to punish the liable party.
- Legal Support: Setareh Law can give you the personalized legal support you need to focus on recovery and get the best chance of securing maximum compensation.
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. Sometimes, no matter how closely you follow safety rules, other drivers may have trouble seeing motorcyclists or neglect to drive safely, causing serious injuries that require extensive treatment. If this is the case for you, you may wonder about the average settlement for motorcycle accidents and the compensation you may recover.
Because every motorcycle accident claim is different, there is no concrete answer for the average settlement. At Setareh Law, we understand the factors contributing to your settlement’s value and how to calculate it accurately. Our seasoned California motorcycle accident lawyers have proudly fought for California motorcycle accident victims for over 15 years, so you can trust us to provide the high-quality legal services you deserve. With our informed guidance and reliable support, you can focus on recovery and have the best chance of securing maximum compensation.
How Much Can Be Recovered from a Motorcycle Accident in California?
According to the National Safety Council, 82,687 motorcyclists were injured in accidents in 2022. Due to their lack of protection and the size of the vehicles they face, the damages can be devastating. There is no honest answer regarding how much compensation you can expect to recover from a motorcycle accident settlement. In California, these settlements are handled on a case-by-case basis and tend to have different results with each new case. The following factors will play a part in the compensation you may receive:
Severity of Injuries
Motorcycle accidents can result in injuries ranging from sprains to traumatic brain and spinal cord injuries. The severity of your injuries often determines the type and length of treatment, which factors into your settlement’s value. Typically, the less severe the injury, the lower the settlement, but we take the time to understand the long-term impact your injury could have to ensure your compensation reflects the full scope of your damages.
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. Therefore, the liable party’s insurance coverage may affect the compensation adjusters offer you. If the negligent driver has insufficient coverage, we can fight for the fair compensation you deserve with your insurance company or take your claim to court if necessary.
Comparative Negligence
In many motorcycle accidents, multiple parties share responsibility, including the motorcyclist. In these cases, California uses a pure comparative negligence system, which assigns each party involved a percentage of fault, which gets deducted from their respective damages. For example, if you are 20% responsible for a motorcycle accident, and your claim is worth $350,000, you will receive $280,000. With this rule, you can still recover compensation even if you are partially at fault, but the amount you receive depends on your portion of the blame.
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, such as medical bills, receipts, invoices, pay stubs, tax returns, witness testimony, and personal statements.
Settlement Negotiations
Large insurance companies in California handle most motorcycle settlements. This means they will be looking to undermine your claim and give the lowest possible amount for the settlement. Therefore, it is vital to have an experienced California motorcycle accident attorney negotiate on your behalf to avoid settling for a lowball offer from adjusters.
How to Calculate Motorcycle Accident Damages
When you’re involved in a motorcycle accident, you may experience physical, emotional, and financial losses, all of which deserve recognition. All of these are calculated differently, and depending on your unique circumstances, you may recover the following types of damages:
Economic Damages
Economic damages include all financial losses, such as property damage, ongoing medical expenses, and lost wages, which have an objective monetary value. We may refer to your pay stubs 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. Our knowledgeable California motorcycle accident lawyers also estimate how much treatment you will need in the future to take those expenses into account.
Non-Economic Damages
This type of damage is much harder to calculate, as they are not tangible and have a subjective value. Non-economic damages may include pain and suffering, emotional distress, and reduced quality of life, which can be calculated in the following ways:
- 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 multiplies it by the number of days they experience this damage.
- 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.
We work closely with you to understand how your injuries have impacted you emotionally and psychologically to determine the value of your non-economic damages accurately.
Punitive Damages
Punitive damages are mainly awarded in extreme cases and are intended to punish the offender for egregious negligence or malicious intent. They are calculated 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 Motorcycle Accident Lawyers at Setareh Law
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 the dedicated California motorcycle accident attorneys at Setareh Law, you have the best chance of receiving compensation for the damages the liable party caused.
With more than 15 years of experience, Setareh Law is ready to help you pursue a motorcycle accident settlement. While there can be significant stress surrounding a motorcycle accident case, you can trust us to provide the specialized care you need to focus on recovery with the peace of mind that you and your claim are in the right hands. To schedule a free consultation with our English and Spanish-speaking team, call us at (310) 659-1826 or fill out our contact form.
