The average settlement for a motorcycle accident can be difficult to determine since each accident case is based on the unique damages of the injured individual. Many factors may affect a victim’s motorcycle accident, so there is no standard settlement amount awarded to motorcycle accident cases. Instead, a motorcycle accident attorney in New York may look at the severity of their client’s injuries, financial losses, and general losses to determine the value of their claim or lawsuit.
Victims of motorcycle accidents might be entitled to collect the following economic and non-economic damages:
- Medical expenses
- Income loss to date and anticipated income loss
- Property repair or replacement costs
- Pain and suffering
- Physical disability or disfigurement
- Mental and emotional distress
- Funeral and burial costs, if applicable
Even a motorcyclist and passenger who are injured in the same accident may have vastly different financial expenses and losses. For example, their individual health histories may affect how well or poorly they heal from their accident-related injuries. A lawyer may help you calculate the financial impact of the motorcycle accident and assign a monetary value to your personal injury claim for compensation.
You May Need to Provide Evidence to Show the Validity of Your Claims
If you were a motorcyclist who got struck by another vehicle, you might have sustained significant injuries. Motorcyclists are more exposed to the road, other vehicles, and weather conditions, so they are more likely to suffer severe consequences in an accident.
For you to receive compensation after an accident, your lawyer must establish who was at fault for the accident and whether negligence contributed to it. Your lawyer may argue that the at-fault driver owed you a standard of care, failed to meet that standard, and caused your injuries, which then caused your financial damages. To support their argument, they may build a paper trail of evidence that tells the story of the accident, which may include:
- Medical records
- Medical bills
- Proof of income loss
- Injury photos
- Photos of your motorcycle
- Witness statements
- Repair estimates
- Replacement value costs
The crash report may also be used as evidence. It might contain information that your lawyer may be able to use to establish the cause of the accident and who was at fault. Be sure to provide your lawyer with any additional information you believe will help prove the cause of the accident.
Your Lawyer May Offer Other Legal Services to Support Your Case
You do have the legal option to talk to the at-fault driver and their insurance company and attempt to settle your motorcycle accident lawsuit on your own. However, you also have the option to hire a local lawyer to represent you and build a personal injury claim or lawsuit on your behalf. Should you choose to work with a lawyer, they may offer to:
- Review your crash report
- Review your medical records
- Review witness statements
- Contact and interview witnesses, if needed
- Investigate the cause of the accident
- Calculate the value of your claim
- Negotiate a settlement on your behalf
- Update you on the progress of your case
Your lawyer may represent you in court if needed, but they might try to negotiate a settlement with the at-fault driver’s insurance company first to potentially resolve your case. Doing so may allow you to avoid having to go to court and may be a faster route to receiving compensation if successful.
New York’s Statute of Limitations
You might be preoccupied with your physical recovery after a motorcycle accident, which might prohibit you from fully participating in the investigation and resolution of your personal injury case. If you hire a lawyer, they can act on your behalf to prepare your case while you concentrate on healing from your injuries.
This can be especially helpful when the time you have to file a compensation claim is limited. In New York, you generally have three years from the date of the collision to file a personal injury lawsuit, according to the New York Civil Practice Law & Rules (CVP) §214.
If someone you love lost their life in a motorcycle accident, your time to file a wrongful death lawsuit is even further restricted. According to the New York Estates, Powers, & Trusts (EPT) §5-4.1, you generally have two years to file a wrongful death lawsuit for financial compensation.
Failing to meet the statute of limitations can have costly consequences. Given sufficient notice, your lawyer can ensure your lawsuit is filed within the allotted time.
Our Team Can Fight to Hold the At-Fault Driver Responsible for Their Negligence
If you or someone you love was injured in a car accident, you might be entitled to receive financial compensation for your injuries and subsequent losses. Though there is no average settlement for a motorcycle accident, our law firm strives to fight for a settlement amount that fairly covers your losses. We can discuss how we might go about calculating your damages in a free consultation. Contact our team at Morelli Law Firm by calling (212) 751-9800.