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A motorcycle accident can be a painful and life-changing experience. Many accident victims are left dealing with medical expenses, lost wages, and emotional trauma.
In Missouri, calculating a motorcycle accident settlement can be overwhelming, especially when an insurance company is involved. Our team can also assist with defining how truck accident settlements are calculated in Missouri.
However, knowing how the court gives out compensation can help victims seek a fair settlement.
Factors Affecting a Motorcycle Accident Claim
Not every motorcycle accident settlement is the same. Several key factors determine how much compensation a victim may receive. For more information, a St Louis motorcycle accident attorney may be able to help.
Economic Losses
The first step in calculating the average motorcycle accident settlement involves totaling the "special damages," or economic losses. These are measurable costs resulting from the crash, such as:
Medical bills
Vehicle repair costs
Lost wages
In cases of catastrophic consequences like traumatic brain injuries or spinal damage, long-term medical care must also be considered.
A personal injury lawyer will ensure these costs are included in the settlement calculation.
On top of that, a serious motorcycle accident injury can prevent a person from working for weeks or months. It can also lead to permanent disability.
Lost wages are a key part of any settlement. If the injury affects future earning potential, additional compensation may be included to account for long-term financial losses.
General Damages
The insurance adjuster considers "general damages," which are less tangible losses like pain and suffering, emotional distress, and reduced quality of life.
To determine these, insurance companies use a multiplier, typically ranging from 1.5 to 5, applied to the total of special damages.
If medical costs and lost wages add up to $10,000, and the multiplier is 3, general damages would be estimated at $30,000, bringing the total settlement to $40,000. This multiplier method depends on factors like:
Injury severity
Evidence of painful suffering
Liability and proof of fault
Length of recovery
Future care needs
The more severe and life-altering the injuries, the higher this portion of the compensation may be.
How Shared Fault Impacts Settlements
Missouri follows a pure comparative fault system. This means that even if the injured person is partially at fault for the motorcycle accident, they can still recover compensation.
However, it will be decreased by their fault percentage. For example, if someone is 30% at fault for an accident with total damages of $20,000, they would receive $14,000.
What Is the Settlement Process Like?
After filing a claim, the insurance company assigns an adjuster to investigate the accident and assess damages.
The adjuster reviews police reports, medical records, photos, and witness statements to determine fault and the extent of injuries.
If the claim is valid, the adjuster calculates a settlement amount, considering economic and non-economic damages.
Adjusters also evaluate factors such as age, earning capacity, injury severity, and the likelihood of recovery. Because the adjuster works for the insurance company, they will try to minimize the payout.
The Average Settlement Amount in a Personal Injury Case
Each case is unique, so settlements vary. However, the average motorcycle accident settlement is around $70,000, typically from $10,000 to $100,000.
Settlements in cases involving minor injuries and minimal property damage might be around $15,000.
Why Is Legal Help Essential?
An experienced motorcycle accident attorney can assist with the following:
Fighting unfair settlement offers
Gathering and presenting evidence
Navigating the legal process
They can help ensure accident victims receive a fair settlement that covers the following:
Medical expenses
Lost income
Property damage
Pain and suffering
Suppose injuries result in long-term or permanent impairments like traumatic brain injuries. In that case, the insurance company will factor in the ongoing cost of treatment and care, which can increase the multiplier.
Every policy also has minimum insurance coverage limits. If damages exceed those limits, motorcycle accident victims may need to pursue additional legal action to recover the full amount they deserve.
There is no exact number for an average motorcycle accident settlement. The final amount depends on the severity of injuries, total damages, and insurance policy limits.
However, settlements can range from thousands to millions of dollars in cases involving catastrophic injuries or wrongful death.
Consulting a motorcycle accident lawyer is the best way to estimate the potential value of a claim. They can also advise on how bicycle accident settlements are calculated in Missouri.
What Are the Typical Timelines in a Motorcycle Accident Case?
Simple cases with clear faults and minimal injuries might be settled in a few months.
However, complicated cases, especially those involving serious injuries, multiple parties, or disputed liability, can take considerably longer to resolve.
Initial Medical Treatment and Recovery
This period varies depending on the severity of the injuries, ranging from a few weeks to several months or even years.
Investigation and Demand Phase
Gathering evidence, police reports, witness statements, and medical records typically take one to three months after recovery.
Negotiation with Insurance Companies
Settlement negotiations can take a few weeks to several months. The insurance company might offer a settlement, which the claimant can accept or negotiate.
Filing a Lawsuit
If negotiations fail, filing a personal injury lawsuit is the next step, potentially adding months or years to the timeline. The court will set a schedule for the case.
Discovery Phase
After filing a lawsuit, both parties exchange information, including documents, witness statements, and testimonies. This phase typically lasts six to twelve months.
Mediation and Pre-trial Conferences
These offer opportunities to settle the case before trial and can extend the timeline by a few weeks to several months.
Trial
If no settlement is reached, the case proceeds to trial, lasting from a few days to several weeks. Scheduling a trial can also take significant time due to crowded court calendars.
Appeals
Following a trial, either party may file an appeal, prolonging the process by months or years.
How Is Pain and Suffering Calculated in a Motorcycle Accident Case?
Pain and suffering include the many ways injuries impact a person's life. Examples of these damages might include:
Physical pain
Scarring or disfigurement
Fear or worry
Embarrassment
Insomnia
Loss of enjoyment of life
Mental anguish
Sleep issues
In addition to the multiplier method mentioned before, personal injury attorneys may use the "per diem" method to estimate the value of pain and suffering damages.
This approach assigns a daily dollar amount for the pain and suffering experienced from the accident date until maximum medical recovery.
The daily rate is multiplied by the number of days the person has experienced limitations or discomfort due to the injury. Often, the income the victim made before their accident each day can be used as a base figure.
Final Words
A motorcycle accident can turn life upside down in an instant.
The physical pain, emotional toll, and financial strain can feel challenging to deal with. Calculating physical injuries, emotional turmoil, and pain and suffering isn't simple.
However, a dedicated motorcycle accident lawyer can make all the difference. The legal experts at Powell Law Firm ensure victims don't struggle with medical bills, lost wages, and emotional distress.
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