How to Determine Fair Motorcycle Accident Injury Settlement in California

Determining fair motorcycle accident injury settlement comes down to understanding your legal right to compensation and what damages you can claim from the liable party. At Maison Law, we ensure motorcycle accident victims are compensated for the full extent of their damages. Our team of accident attorneys understands how insurance companies will take advantage of motorcycle accident victims, convincing them to take the lowest settlement amount possible. For those suffering from injuries sustained in a horrific motorcycle accident, this is unfair. Victims deserve to be compensated.

At Maison Law, we protect our clients from disadvantageous insurance companies and utilize our legal expertise to get motorcycle accident victims the compensation they need. Contact Maison Law today for a free consultation and case evaluation.

What Damages Can Be Claimed in a Motorcycle Accident Injury Settlement in California?

It is important to know that motorcycle accidents vary on a case-by-case basis, so there is no average settlement amount. Some settlements can result in five-figure amounts, while others can be in the high seven-figures. Your settlement will ultimately come down to the severity of your damages. Motorcycle accidents tend to result in serious injury, so the worse your injuries are, the more compensation you are typically owed. In personal injury cases such as motorcycle accidents, damages come in two forms: economic and non-economic damages. These damages include:

• Present and future medical expenses
• Loss of income, as well as the reduction in your earning capacity you’ve suffered from your motorcycle accident
• Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
• Damage done to your property during the accident
• Pain and suffering caused by your injuries
• Stress and anxiety due to the nature of your accident

These damages will require evidence from medical professionals, eyewitnesses, and expert witnesses. Expert witnesses are individuals who possess specialized knowledge, skills, experience, and training in a particular field that is pertinent to the lawsuit. If you’re trying to acquire the proper evidence to support your claim, it is recommended to partner with an experienced motorcycle accident attorney.

How an Insurance Policy Affects a Motorcycle Accident Injury Settlement in California

When it comes to motorcycle accident claims in California, understanding the role of insurance policies is crucial. Insurance serves as a means to protect accident victims from financial loss in the event of accidents or unforeseen circumstances. Their primary role is to assess claims, investigate liability, and determine the appropriate compensation based on policy coverage and legal requirements. An insurance policy can impact a final settlement amount based on the following factors:

• Comprehensive and Collision Coverage: Comprehensive or collision coverage covers the costs of repairs or replacement of a vehicle, regardless of who was at fault.
• Uninsured/Underinsured Motorist Coverage: If the liable driver (the driver who caused the accident) has no insurance or insufficient coverage, your uninsured/underinsured policy can step in and cover the losses.
• Liability Insurance: This insurance is required in California and covers the other party’s damages when the insured is at fault. The state minimum liability coverage according to the California DMV is $15,000 per person for those injured, $30,000 per accident, and $5,000 for property damage.
• No Injury Cases: in cases where no one sustained any injuries, the final settlement will be determined by the property damages, as well as other expenses such as repairs and rental care fees.

Factors that Could Decrease Your Motorcycle Accident Injury Settlement in California

While the severity of your injuries will play a vital role in determining your settlement amount, there other factors that can decrease the value of your claim. One major factor to consider is available insurance coverage. While some injured victims may think they have a multi-million dollar case, settlements can only be worth what the liable party’s insurance can cover. Other factors that may be harmful to your settlement include:

1. Comparative negligence: if you are found partially at fault, your settlement can be reduced by your percentage of liability. This is made clear in California’s Comparative Negligence Law which states:
   1. “Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”

2. Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement. If you suffer a neck injury in your motorcycle accident, but you had a previous neck injury from an unrelated incident, then it may be difficult to claim all your pain is from just one accident. This information could reduce your settlement.
3. Lack of strong evidence: the inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
4. Delayed medical treatment: delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe.
5. Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects.

Insurance companies will be looking at each of these factors to decrease your settlement. In fact, many insurance adjusters are experts at finding ways to reduce the amount of damages you can claim. So, It is important to work with an experienced car accident attorney to plan ahead to prevent potential setbacks in your case and attempt to turn them into positives for your settlement.

Contact a Motorcycle Accident Injury Lawyer in California

If you or a loved one has been injured in a motorcycle accident in California, Maison Law is here to get you the compensation you need. Our team of experienced accident attorneys understands how to exercise every avenue of the law to aggressively pursue the liable party’s insurance for the full extent of your damages. Contact Maison Law today for a free consultation and case evaluation. There are no hidden fees and you will not be charged a cent until we’ve won your case.