If you were injured in a motorcycle accident, you’re likely wondering how to pursue a claim for damages and how much your case is worth. Understandably, being involved in an accident can leave you feeling stressed out and frustrated.
You have property damage, injuries, and lost time off work, and you’re likely in a lot of pain. Many prospective clients come to their initial meetings with a Florida motorcycle accident lawyer and want to know the average motorcycle accident settlement amount.
Unfortunately, there is no specific range or number that we can share regarding motorcycle injury settlements. No two accidents are exactly alike.
That’s why when you retain Emmanuel Sheppard & Condon to represent you, we will go over all the variables of your claim to reach an independent value of what your case is likely worth.
We strongly believe every client’s case should be reviewed on its own merits, not lumped into a number representing the average settlement for motorcycle accident claims.
How Injuries Affect Motorcycle Accident Compensation Amounts
Your injuries have a critical impact on your potential motorcycle accident settlement amount. What type of injuries did you sustain, and how severe were they? For example, a claim involving two broken legs with multiple surgeries is going to have a higher value than a herniated disc that heals on its own after a couple of months of physical therapy.
How Your Damages Affect Motorcycle Accident Settlement Amounts
Your claim value also hinges on the amount of your damages. Damages can be broken down into economic and non-economic damages. Your economic damages are quantifiable items. Examples of economic damages are:
- Medical expenses to date,
- Lost wages,
- Property damage,
- Loss of earning capacity,
- Future medical treatment,
- Household services,
- Vocational rehabilitation, and
- Out-of-pocket costs.
Non-economic damages are ones that don’t have a specific dollar amount attached to them. These damages are more subjective and open to interpretation. Non-economic damages can include:
- Physical pain and suffering,
- Emotional anguish,
- Loss of consortium,
- Humiliation, and
- Loss of enjoyment of activities.
Potential damages that you can recover will vary from case to case. You aren’t necessarily guaranteed to collect compensation for all the damages mentioned above unless they apply in your case. For example, if you aren’t married, you wouldn’t have a loss of consortium claim.
In limited circumstances, you may also qualify for punitive damages. Courts award punitive damages only in cases where the defendant’s actions were shocking or intentional. One example is a drunk driver. Punitive damages are awarded to “punish” the defendant and deter them from engaging in the same behavior again.
How Liability Affects Your Motorcycle Accident Compensation
Florida follows what’s called a pure comparative fault system. Pure comparative negligence means that even if you share some liability for the accident, you can still collect a portion of your damages. However, your recovery will be reduced by your percentage of fault. For example, if you are deemed 20% at fault, you could collect up to 80% of your damages. If a jury finds you 90% at fault, you can still collect 10% of your damages.
Remember, if you can collect damages from the other driver’s insurance, they will be able to do the same from yours. Using the example of you being 20% at fault, it means the other party could collect 20% of their damages from your insurance company.
How a Florida Motorcycle Attorney Can Help
When you retain a Florida motorcycle attorney to represent you, you could receive more compensation than if you tried to independently negotiate your case. Insurance companies know claimants don’t have a legal background or experience handling these matters.
The adjuster may use that to their advantage and try to resolve your claim early on before you’ve finished treatment, or they might claim your treatment was unreasonable for your claimed injuries. It’s also commonplace for insurance adjusters to place more liability on you because it potentially reduces the company’s exposure.
When you have an attorney representing you, insurance adjusters are more likely to extend a higher settlement offer, or they will be more willing to negotiate. They know personal injury lawyers are very familiar with their tactics, so they won’t waste their time trying to lowball us.
Contact Our Florida Motorcycle Accident Lawyers
If you need assistance pursuing a motorcycle accident claim in Florida, let our experienced legal team help. Contact Emmanuel Sheppard & Condon today to schedule an initial consultation. Our firm has more than 100 years of combined experience.
Let us put that knowledge and our skills to work for you and help you fight for the maximum compensation you deserve after a Florida motorcycle accident.