What is Considered a Good Settlement After a California Motorcycle Accident?

Being injured in a motorcycle accident can be a horrific experience. With minimal protection and extremely high speed, motorcycle accidents typically result in severe injuries or fatalities. If you or a loved one has suffered injuries from a motorcycle accident, you may be wondering what a good settlement is.

Unfortunately, motorcycle accident settlements vary widely based on the details of each case, so it is difficult to put an exact number on what a good settlement should look like. To understand the specific value of your motorcycle accident, it is recommended to speak with an experienced motorcycle accident attorney.

What Influences Settlement Value in a California Motorcycle Accident?

You may consider filing a personal injury claim if you’ve been injured in a motorcycle accident in California. Before filing, it is important to understand several factors that may influence the value of your settlement. The following factors include:

• Liability: the degree to which the defendant is found responsible for the injury can add value to your settlement. The more reckless the defendant’s actions usually result in a higher settlement.
• Insurance coverage: the defendant’s insurance policy limits can cap the maximum settlement amount. If the defendant has an insufficient insurance policy, then alternate means of compensation will have to be pursued.
• Legal representation: the expertise and negotiation skills of a personal injury attorney will impact the outcome of your case.
• Contributory negligence: California is a pure comparative negligence state, meaning both the plaintiff and defendant can be found at fault. If you’re found at partial fault, then your settlement will be reduced accordingly.
• Nature and extent of Injury: the cost of all reasonably necessary medical treatment and the estimated cost of future medical treatment are essential to the value of a case.
• Objective findings for physical pain: pain is a subjective thing, so, objective evidence is needed to support it in a personal injury case. This is usually presented in the form of X-rays and MRIs.
• Medical history of the victim: the prior medical history of the plaintiff comes into play if they were injured in the same area where they already have a medical history of issues. Under California, the negligent party is not responsible for prior injuries unless they were made worse by the incident.
• Plaintiff’s age: the age of the victim comes into play if the injury may have been a result of “degenerative changes” rather than the careless act, or hazardous condition.
• The occupation of the victim: the amount the injured victim was making and the amount they can no longer make due to their injuries plays a large role in determining their settlement.

Calculating Pain and Suffering for California Motorcycle Accidents

Pain and suffering in a motorcycle accident is considered a non-economic damage. This means there is no specific dollar amount assigned to it because it is not a tangible thing such as physical therapy, surgery, or medication. Physical items such as these have fixed costs and are considered economic damages.

For pain and suffering, there is no established standard for what a jury or judge can use to calculate a fair amount. It is up to the plaintiff to present evidence of physical pain and emotional trauma to assist them in making their decision. Pain and suffering evidence is considered the following:

• Physical pain: typically shown through medical records, this highlights discomfort and agony caused by the injury.
• Mental Anguish: this includes emotional distress, fear, anxiety, anger, and depression, which have stemmed from your injury. This is usually represented in witness statements and therapist reports.
• Loss of enjoyment of life: this is the enjoyment of life you’ve been deprived of because of your injury. This could be a surfer who can no longer surf. Evidence of this can be displayed with past pictures and videos, as well as witness testimony.
• Impact on relationships: injuries affect your ability to maintain relationships, which can put unnecessary stress on a person’s life. This evidence can usually be displayed in a person’s finances if it was a business relationship. It can also be represented with photos and witness testimony.

The Advantage of Legal Representation for a California Motorcycle Accident

It is a proven fact that motorcycle accident victims were much more likely to receive a fair payout than those who dealt directly with the insurance company without representation. Also, victims with representation have been found to receive twice as much in compensation as those who proceeded unrepresented, even after attorney’s fees.

Legal representation offers several advantages if you’ve been injured in a motorcycle accident. By partnering with an attorney after an accident, they can :

• Identify All Liable Parties: motorcycle accidents can involve multiple parties. An accident attorney will investigate all responsible parties and file a personal injury lawsuit against them, maximizing your chance at full, financial recovery.
• Manage your claim with the insurance companies: insurance companies can and will attempt to get motorcycle accident victims to agree to a “lowball” settlement, or get you to admit fault. Having your attorney file a lawsuit against the insurance company will let them know you’re aware of your rights and are prepared to exercise them to achieve fair compensation.
• Follow Proper Legal Procedures: An experienced motorcycle accident attorney understands the complexities of suing liable parties and the specific legal rules that must be followed. Having your lawsuit properly filed and the details of your situation perfectly outlined for the insurance adjuster will let the defense know you are aware of your rights and are prepared to exercise them.
• Prepare for Litigation: An attorney will expedite the litigation process if no acceptable offer is made. They will prepare you for trial, handle all legal proceedings, and represent you in court.
• Allow you to focus on Recovery: Hiring a well-practiced attorney will allow you to recover, while they deal with the legal side of your case for you. Not only will this give you a better chance at compensation, but it will alleviate your stress and give you peace of mind while dealing with a very traumatic time in your life.

Steps to Receiving a California Motorcycle Accident Injury Settlement

The specific details of each case will determine whether a settlement can be reached, but there are standard processes each personal injury case must adhere to in order for a settlement to be paid out. These steps are as follows:

1. Signing the release form: once a settlement proposal is made, an attorney will go over the details with you. If you approve, then the attorney will prepare a release form. This release form releases the defendant from any future liability in exchange for a specific sum of money. Both parties will sign this form, legally confirming the agreed-upon amount and that no one can sue for more money in the future.
2. The insurance company issues a check: the insurance company must pay the agreed amount and issue a check within 30 days from the day both parties have signed the release form.
3. The personal injury lawyer deposits the settlement check: an attorney will deposit the settlement check into IOLTA (Interest on Lawyers’ Trust Accounts). This account holds your money while the case is awaiting a final conclusion. The funds in this account will be used to pay for any outstanding medical bills, liens, and other expenses related to your case.
4. Medical bills and other debt negotiations: you will not be able to receive any compensation until your medical bills are paid. A personal injury attorney will negotiate your medical treatment with the medical providers to ensure you’ve received adequate care while also getting the compensation you deserve from the settlement. Medical bills are usually taken into account when discussing a fair settlement. This is so the injured party will not have their entire settlement spent on medical bills alone.
5. You receive your settlement: an attorney will provide you with a written invoice, detailing the settlement amount minus liens and legal fees such as attorney’s fees and contingency fees. Once you sign off on the invoice, you promptly receive your settlement check in the mail.

Contact a Motorcycle Accident Lawyer in California

If you or a loved one have been involved 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 for the full extent of your medical 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.