When trying to determine what the average motorcycle accident settlement might be, it’s essential to understand that various factors impact the final amount. The severity of injuries, long-term medical needs, and even the fault involved in the accident can all influence your settlement.
An experienced motorcycle injury attorney in Chattanooga, also serving Cleveland, TN, Calhoun, GA, and the surrounding areas, can help you understand the range of compensation you may be entitled to, based on their knowledge of similar past cases.
What Is the Average Motorcycle Accident Settlement?
It is impossible to determine the exact value of a motorcycle accident settlement without consulting with a lawyer and calculating all of the costs involved. However, at The McMahan Law Firm, our past results indicate settlements typically fall around tens of thousands to $100,000. In some severe cases, we have recovered $1,000,000 or more for the victims of motorcycle accidents. Settlement amounts vary widely from case to case, so our attorneys offer free consultations to help you understand your own claim’s value.
Medical Expenses
The largest component of any motorcycle accident settlement is often medical expenses. Medical costs after a motorcycle accident can range from minor to extreme, depending on the injuries sustained. Common injuries include broken bones, road rash, traumatic brain injuries, and spinal cord injuries, which may require ongoing care.
Because of the exposed nature of riding a motorcycle as opposed to another passenger vehicle, injuries have the potential to be severe.
For serious accidents, medical expenses not only include hospital stays and surgeries but also long-term rehabilitation, prescription medications, and even future medical treatments. Your claim must reflect both your current medical bills and any future treatments you may need, as recovery from severe injuries can take months or even years.
Property Damage
When a motorcycle accident occurs, property damage is often a significant aspect of the claim. The impact of a collision can result in damage to the motorcycle itself, as well as any other property involved in the accident. Repairing or replacing a motorcycle can be costly, especially if it has been extensively damaged. A comprehensive settlement will include the cost of repairs.
Lost Wages & Reduced Earning Capacity
Motorcycle accidents can severely impact your ability to work, resulting in lost wages and reduced earning capacity. When calculating compensation, both your past and future lost wages are considered. If your injuries are so severe that you can no longer perform your job or you are forced to take a lower-paying position, you may be eligible for compensation for reduced earning capacity.
These calculations take into account your age, occupation, and earning potential before the accident. Including this in your claim helps ensure you’re compensated for the income you could have earned had the accident not occurred.
Pain & Suffering
Pain and suffering play a significant role in the non-economic damages part of a motorcycle accident settlement. These damages cover the emotional and physical distress caused by the accident, including long-term suffering, mental anguish, and diminished quality of life.
In Tennessee, non-economic damages like pain and suffering are typically capped at $750,000. However, for catastrophic injuries such as death or total paralysis, the cap can increase to $1,000,000. These damages acknowledge the personal cost of a serious injury and help compensate for a life permanently altered by the accident.
Punitive Damages
In some cases, punitive damages may be awarded to punish the at-fault party for reckless or malicious behavior. For example, if the driver who caused the accident was driving under the influence or intentionally acted recklessly, you may be entitled to punitive damages.
In Tennessee, punitive damages are capped at either 2 times the total compensatory damages or $500,000, whichever is greater. These damages are awarded on top of compensatory damages and serve as both a punishment for the at-fault party and a warning to others to avoid similar conduct.
Factors That Can Reduce Your Settlement
Even if you have a strong case, certain factors can reduce the overall amount of your settlement.
Liability & Comparative Negligence
Tennessee follows a modified comparative negligence rule, which means your compensation can be reduced based on the percentage of fault assigned to you. For instance, if you are found 20% at fault, your settlement will be reduced by 20%. If you’re found to be 50% or more at fault, you may not receive any compensation at all. A common example of this is failing to follow Tennessee’s helmet laws—if you weren’t wearing a helmet during the accident, it could be considered a contributing factor, potentially reducing your settlement.
The Insurance Company’s Tactics
Insurance companies are often focused on minimizing the amount they pay out in claims. Common tactics include downplaying the severity of your injuries, disputing who was at fault, or delaying the process in hopes you’ll settle for less than you deserve. An experienced lawyer can help combat these tactics by negotiating on your behalf and ensuring that you receive a fair settlement.
How To Get the Most Money After a Motorcycle Accident
Getting the maximum compensation for your motorcycle accident claim requires taking proactive steps to protect your rights.
Get Medical Treatment & Follow Your Doctor’s Orders
Seeking immediate medical treatment is crucial, even if your injuries seem minor. Delaying treatment could hurt your health and your case. Insurance companies may use gaps in your treatment to argue that your injuries aren’t as severe as claimed.
It’s equally important to follow through with your doctor’s recommendations. Failing to attend follow-up appointments or adhere to prescribed treatments can weaken your case and reduce the value of your settlement.
Contact a Local Lawyer ASAP
Hiring an experienced motorcycle accident lawyer can significantly improve your chances of receiving the maximum motorcycle accident settlement. Navigating insurance companies and legal procedures can be overwhelming, and without professional representation, you might not receive the compensation you’re entitled to. A lawyer ensures your rights are protected, gathers the necessary evidence, negotiates with insurers, and fights for a fair settlement on your behalf.
If you need a motorcycle accident lawyer in Chattanooga, Cleveland, TN, Dalton, GA, or Calhoun, GA, to protect your legal rights and help you pursue the full compensation you’re owed, get in contact with The McMahan Law Firm today! We never charge for the initial consultation, and you only pay if we recover damages in your motorcycle accident injury claim.
