Money is a legitimate concern after you have been injured in a motorcycle accident. There are bills to pay, and you may not be earning any money. In addition, you are going through a difficult ordeal, both physical and emotional.
It is natural to be concerned about money and how much you may get in a settlement.
Your lawyer can review your case and help decide how much you will seek in a claim or lawsuit. The attorneys Downey motorcycle accident attorneys at The JLF Firm can review your case and fight for you to get full financial compensation.
Do Not Settle for an “Average” Motorcycle Accident Settlement
Many people will ask their lawyer about the average motorcycle accident injury settlement amount. Even if your lawyer had a meaningful answer to this question, it would have little to do with you.
You never know what goes into these back-of-the-envelope calculations that you often see online. You should never consider the “average settlement” when you are trying to resolve your own motorcycle accident case. You could only end up costing yourself money.
There are many uncertainties when you see these average settlement numbers, including:
- How much insurance coverage did the responsible driver have?
- How seriously injured was the claimant?
- Was each individual claimant represented by a lawyer?
- How hard did each claimant fight the insurance company to get what they deserve?
- How much was each claimant earning at the time of their injury?
California Motorcycle Accident Insurance Minimum Coverage
California has relatively low liability insurance requirements for drivers. These minimum amounts were set by law almost 50 years ago and have not been adjusted for inflation. The state will raise the minimum liability coverage requirements in 2025.
For now, California law requires drivers to carry:
- $15,000 per person
- $30,000 per accident
- $5,000 for property damage
If the driver does not have enough insurance coverage, they can be personally liable for the excess damages. However, it is difficult to collect personal injury judgments from the responsible party.
Elements of Your Motorcycle Accident Settlement
The driver who was responsible for your motorcycle accident has a legal obligation to restore you to the condition that you were in right before the accident. The law uses money as a shorthand because the driver cannot undo the harm that they did to you. A driver must pay your actual financial costs and the impact that the accident had on you.
Motorcycle accident compensation includes:
- Medical costs
- Lost wages
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Embarrassment and humiliation
- Emotional distress
If a loved one died in a motorcycle accident, the family can pursue wrongful death damages to compensate them for what they lost when a family member died.
Factors That Will Influence Your Motorcycle Accident Settlement
Not only are your own individual damages a primary issue, but the following can also impact the value of your settlement:
- Whether the insurance company is trying to partially blame you for the accident (which would reduce the amount of your compensation)
- Whether there is more than one potentially responsible party (giving you two different policies against which to file a claim)
- How much coverage you have for accidents involving uninsured motorists
- The severity of your individual injuries
- How hard the insurance company is willing to fight you to keep you from getting what you deserve
- How long you are willing to hold out to get what you should
Of course, you should be as patient as possible in a motorcycle accident settlement negotiation. The insurance company is counting on you to blink first, accepting less than you could otherwise get.
How Long Will My Motorcycle Accident Settlement Take?
Usually, you should not expect to have the money in your account from a motorcycle accident settlement shortly after filing your claim. The insurance company is not in any hurry to give you the money that you deserve. They believe that they can wait you out and make you more willing to accept what they are offering.
It is not possible to give you an exact estimate of how long your case will take.
The usual answer is that everything depends on your own particular case. Some factors that could influence timing include:
- The dollar value of your case
- How hard you are willing to fight to get everything you can
- The complexity of your injuries and damages
- Whether you have to file a lawsuit to put pressure on the insurance company
Regardless, you need to be patient and ready to go to the mat with the insurance company. Your lawyer is ready, willing, and able to fight for you.
In any motorcycle accident claim, you need to negotiate compensation with the insurance company. They will always offer you less than you deserve.
They want to close the claim paying less than its full value. It is up to you to disagree and come back with a figure of your own. You may need to do this repeatedly during the course of settlement negotiations.
You may have no choice but to file a motorcycle accident lawsuit. Still, your case could be settled because very few motorcycle accident cases will actually go to trial. Then, your motorcycle accident settlement may take even longer because you would need to go through at least part of the court process.
Contact a Downey Motorcycle Accident Attorney Today
The attorneys at The JLF Firm will work for you to obtain a fair motorcycle accident settlement when a driver was to blame for your accident. We are passionate about accident victims’ rights, and we never stop fighting until the very end of your case.
To speak with an attorney, you can reach out to us to schedule your free initial consultation. You can send us a message through our website, or you can call us today at 888-341-3071. When you hire us, you are under no obligation to pay us unless you win.
