Unfortunately, it's often challenging to establish an average motorcycle accident settlement amount in Los Angeles. This is because each case is unique, and the amount of compensation a victim is entitled to often depends on unique factors.
A motorcycle accident lawyer can help you estimate the value of your settlement based on your distinctive losses, including property damage, medical bills, lost earnings, and pain and suffering. Accurate estimations can ensure the insurance company doesn't underpay your settlement.
What Is the Average Motorcycle Accident Settlement Amount in Los Angeles?
A recent report of traffic safety facts from the National Highway Traffic Safety Administration (NHTSA) showed that motorcycle accidents have a greater fatality rate than other automobiles. Moreover, motorcycle accidents accounted for 14 percent of traffic fatalities in the year 2019.
it's challenging to establish an average settlement to be applied to all motorcycle accident claims as each case occurs under different circumstances. The following elements can affect your motorcycle accident settlement amount in Los Angeles:
Liability
Establishing liability is usually at the core of every motorcycle accident. California is a fault-based automobile insurance state, meaning the party responsible for causing the accident is liable for the victim's damages. Liability determines accountability for everyone involved in the collision.
Even if you contributed to the motorcycle accident, you might still qualify for compensation, according to California's pure comparative negligence laws. The compensation amount you're eligible to receive will decrease by the percentage of your liability. For instance, if you were speeding when the accident occurred and the speeding made you 40 percent liable, your compensation will reduce by 40 percent.
Injuries
The gravity of your injuries after a motorcycle accident will often affect the settlement amount you're eligible to receive for your claim. For instance, if you sustained minor injuries, your medical expenses or ongoing care costs will be relatively low compared to the treatment of severe injuries.
Additionally, suppose the motorcycle accident caused the death of a loved one. In that case, the settlement amount might increase since you're entitled to file a wrongful death claim to cover medical bills incurred before death and burial and funeral expenses.
Losses
Extensive property damages from the motorcycle accident or lost income can also impact the settlement amount. For instance, if your motorcycle is totaled, you'll likely receive more than a person with a dent.
Moreover, if the accident caused you to miss work, you may be entitled to claim lost earnings and other expenses. The settlement may also factor in missed chances for promotions and salary increments.
What's more, you may also be able to claim compensation for pain and suffering. Pain and suffering can include any mental illness or disorder that resulted from the accident, such as depression or Post-Traumatic Stress Disorder (PTSD). You can consult a personal injury lawyer to help you determine fair compensation for your pain and suffering.
What Damages Can I Claim for a Motorcycle Accident in Los Angeles?
Damages are a form of financial reward determined by the court to compensate an aggrieved party for losses from another person's negligence. Damages are categorized as follows:
- Economic Damages: These compensate a victim for damages that can easily be attached to a monetary value. Economic damages are estimated by determining the amount the victim has spent out-of-pocket or future expected expenses due to the injuries. Economic damages include lost earnings, loss of earning capacity, and medical bills.
- Non-economic Damages: These cover losses considered subjective, and it's difficult to put a monetary value on the non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: A court in Los Angeles may award punitive damages. These damages usually punish the defendant if their behavior was extremely reckless, leading to the accident. There's no set standard for estimating or awarding punitive damages, and they're awarded depending on the circumstances of a case.
Contact the Dolman Law Group to Determine a Fair Motorcycle Accident Settlement Amount in Los Angeles
Suppose you're a victim of a severe motorcycle accident in Los Angeles and sustained injuries. In that case, the Dolman Law Group could guide you in recovering damages from the motorcycle accident. Our lawyers can help you estimate the value of your settlement based on lost earnings, medical bills, and pain and suffering to ensure you get fair compensation.
Call us today to schedule a free case review.