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If you or a loved one has recently been in a motorcycle accident, you are likely considering if you should file a lawsuit against the person or parties responsible for the accident. But how much will your motorcycle accident settlement be, and what factors affect that final total?
A motorcycle accident is one of the most injurious and deadly accident types that occurs on our Oregon roads. Motorcyclists are at the mercy of the cars, trucks, and semis they share the road with, and must be extra vigilant to remain safe. Motorcycles by nature provide less protection in an accident than a car does, which means that a motorcyclist is more often than not the more gravely injured party in a crash. Motorcycle crashes often result in spinal cord injury or head injury to the motorcyclist, even if he or she was wearing a helmet and proper safety gear.
Motorcycle accident settlements vary greatly by state, and are largely dependent on a few key factors related to the losses incurred.
These key factors include:
- Past medical expenses – hospital stays and ambulance fees
- Future medical expenses – physical therapy and future surgeries
- Past lost wages – time you missed from work due to the accident
- Future lost wages – time expected to be lost from work due to surgeries or permanent disability
- Property damage to the motorcycle – repairs and replacement, and alternate transportation like a rental car
- General damages – for pain and suffering
- Whether injuries are permanent
- Severity of defendant’s misconduct or negligence
Oftentimes a case involving a motorcycle accident will go to trial before a jury, which can present complications as juries are notoriously prejudiced against motorcyclists. Furthermore, the extent of the injuries sustained can greatly affect the settlement: if a marathon runner sustains an injury that limits or prevents her physical excursions in the future, she may be awarded a greater “pain and suffering” or “loss of quality of life” settlement than an individual who suffers the same injury but was not as physically active or competitive prior to the accident. These decisions are very subjective, and are not as concrete and easy to place a value on as vehicle replacements or medical costs.
An experienced Portland Motorcycle Accident Attorney can help you present your best case and maximize your chances of receiving the full settlement amount you are legally entitled to. He or she will determine the likelihood of the defendant or responsible party being found guilty of negligence at trial, and the level of negligence, which can greatly increase the value of the settlement and payout. Additionally, your lawyer will have access to a verdicts and settlements database that he can use to gather information about similar cases, so you will have a ballpark idea of potential trial outcomes.
As previously mentioned, motorcycle accident settlements vary widely and are highly influenced by individual factors and the state the accident occurred in. In November of 2015, a $1.15M settlement was awarded to a motorcyclist who was injured when a car hit him and fled the scene. A March 2016 settlement from Irvine, California, awarded $7.6M to a motorcyclist who was hit by a County of Riverside Waste Management truck; the plaintiff had to undergo 17 surgeries as a result of injuries sustained in the crash.
The aftermath of a motorcycle accident is frightening, overwhelming, and difficult to process. Hiring a Portland personal injury attorney like Paul Galm is your best chance to receive the full monetary settlement you are entitled to. Paul Galm has been practicing law in Portland for more than 15 years and has extensive experience in motorcycle accident litigation.
If you have been in a motorcycle accident, need legal advice before speaking with your insurance, or you wish to file a claim, contact Paul Galm Law today!