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Feb
2023

What is the Average Payout for a Motorcycle Accident?

on  Motorcycle Accidents

The average payout for a motorcycle accident varies greatly depending on several factors, such as the accident’s severity and the extent of the injuries sustained. In addition, the insurance policies of the parties involved and the outcome of any legal proceedings can significantly impact the final payout amount. 

Injured motorcyclists in Florida must keep in mind that the average payout for a motorcycle accident is just that, an average. Your case is unique, and the amount you receive should be tailored to your specific injuries and the damage you suffered.  

If you suffered injuries in a motorcycle accident, it’s best to consult with a motorcycle accident lawyer that can evaluate your case specifically and fight for your rights to maximum compensation. Most Florida motorcycle lawyers offer free case evaluations to get a better idea of what you can expect as a final motorcycle accident payout.

What Factors Determine the Average Payout for a Motorcycle Accident?

Severity of injuries

The most significant factor in determining the average payout for a motorcycle accident is the severity of the injuries sustained. More severe injuries, such as spinal cord injuries, traumatic brain injuries, and broken bones, result in higher payouts. 

When determining compensation, the primary focus is on compensating the victim for their losses, including medical expenses, lost income, and any pain and suffering they have experienced due to their injury.

More severe injuries typically result in higher medical expenses, longer recovery times, and greater limitations on a person’s ability to work and engage in other activities. As a result, compensation for more severe injuries is generally higher to reflect the greater impact the injury has had on the victim’s life.

On the other hand, less severe injuries may result in lower medical expenses and shorter recovery times, leading to lower compensation awards.

Liability

Who was at fault for the motorcycle accident is a key factor in determining the average payout. If the other driver was at fault, their insurance company might be responsible for paying damages. If the motorcycle rider was at fault, their insurance policy might come into play.

Florida is a “pure comparative negligence” state, which means that the amount of compensation a person may receive can be reduced by the extent to which they are found to be at fault for the accident. For example, if the victim is found to be 20% at fault for the accident, their compensation award can be reduced by 20%.

If the other driver is found to be fully liable for the accident, then their insurance company may be responsible for paying out damages to the victim. However, if the victim is found to be partially at fault, they may still be entitled to receive some compensation, but the amount may be reduced to reflect their level of fault.

It’s important to remember that liability can be complex to determine, and it’s best to consult an experienced Florida motorcycle accident attorney who can help you understand your rights and options after a motorcycle crash.

Insurance coverage

Insurance coverage can significantly impact the final payout of a motorcycle accident settlement. The amount of compensation that a person may receive is primarily determined by the insurance coverage available to the at-fault party.

Generally, the more insurance coverage available, the higher the potential payout. For example, if the at-fault driver has a high-limit insurance policy, they may be able to pay a higher settlement or award to the victim to compensate them for their damages.

How To Handle a Florida Motorcycle Accident Claim

Florida drivers must carry Personal Injury Protection to help them after a crash. However, PIP does not cover motorcyclists in Florida. As such, Florida motorcyclists must file a claim or a personal injury lawsuit to recover damages from the other driver. 

Injured motorcycle riders can benefit significantly from hiring a personal injury lawyer after a motorcycle crash. Working with a lawyer protects your rights and helps you recover compensation to pay for damages. With a Miami injury lawyer handling the legal aspect of our case, you can focus on your physical and emotional recovery.

A motorcycle accident lawyer will know how to handle your claim, effectively negotiate with insurers, and fight for the compensation you deserve. They will thoroughly investigate the crash and gather evidence to build a strong case, identifying all responsible parties and establishing negligence as the cause of the accident. They will also work to determine the full extent of your injuries and losses and use that information to negotiate a fair settlement.

With a motorcycle accident attorney on your side, you can feel confident that you are on the path to the financial recovery you need to move forward from the accident.

What Kind of Damages Can You Seek in a Motorcycle Accident Case?

In a motorcycle accident case, you may be entitled to seek compensation for a variety of damages, including:

  • Medical expenses: This includes all reasonable and necessary medical expenses incurred because of the accident, such as hospital stays, surgery, doctor visits, and rehabilitation.
  • Lost wages and income: If you cannot work due to your injuries, you can seek compensation for lost income. This includes wages, tips, benefits, and other earnings you would have gotten if you had not suffered your injuries. It also includes the loss of future income.
  • Pain and suffering: This non-economic compensation seeks to pay you damages for the physical and emotional distress you suffered from the accident. This includes PTSD, pain, discomfort, and mental anguish.
  • Property damage: If the crash damaged your motorcycle or any other personal property, you could seek compensation to cover the cost of repairs or replacement.
  • Loss of enjoyment of life: If your injuries affected your ability to participate in activities you once enjoyed, you could seek compensation for your loss of enjoyment of life.
  • Permanent injury: If you suffered a permanent injury as a result of the accident, such as paralysis or loss of a limb, you might be entitled to compensation for the lifetime impact of your injury.

How Long Will A Motorcycle Accident Settlement Take?

The length of time it takes to reach a motorcycle accident settlement varies greatly depending on the circumstances of each case. Many motorcycle accident settlements get resolved within months. Others can take years to resolve. Several factors can impact the length of time it takes to settle your motorcycle accident case, including:

  • The severity of injuries: If you suffered serve injuries or permanent disability, it might take longer to fully understand the extent of your damages and the long-term impact of your injuries.
  • The case’s complexity: If the accident involved multiple vehicles or parties or disputes over liability, it might take longer to settle.
  • Insurance company’s settlement process: The insurance company’s procedures and speed at which they respond to settlement demands will affect the time it takes to settle your motorcycle accident case.  
  • Availability of evidence: If your lawyer needs additional evidence to support your claims, such as medical records or expert testimony, it may take longer to settle your claim. 
  • Willingness to settle: If the at-fault party or their insurance company is unwilling to agree to a settlement, it may take longer to reach a resolution.

Contact Our Miami Motorcycle Accident Attorneys Today

Did you suffer an injury in a motorcycle accident in Florida? If so, you need a motorcycle accident lawyer that understands the biases you will face when working with insurance companies. You need an attorney who can go up against insurance adjusters and get you the maximum compensation to pay for medical bills, lost wages, and pain and suffering. 

Miami injury attorney, Prosper Shaked, works quickly to help injured motorcycle accident victims and their families obtain compensation for their injuries after a serious accident. For a free consultation on your case and help understanding your legal options, call Prosper Shaked Accident Injury Attorneys PA today at (305) 694-2676 or fill out our confidential contact form.