Lawyers do not typically concern themselves with the average payout for motorcycle accidents.
For one, it’s difficult to determine what the average payout is. This information is not organized in a single, easily accessible database.
Secondly, lawyers are most concerned with the payout their client deserves—averages are far less important.
Each client’s case stands alone. Your attorney will learn about your injuries, listen to the psychological and emotional effects of your collision, and determine your unique case value. When they accept your case, your lawyer also agrees to fight for the fair sum of money you are entitled to.
Here’s How Your Lawyer WIll Determine Your Case Value.
Average case values will be of little use to your attorney. Instead, your lawyer will focus on your damages. Those damages will lead your attorney to an accurate valuation of your case.
Some of the steps your lawyer may take to determine your case value are:
Considering All Medical Records (and Getting a Doctor’s Insights)
The details and severity of your injuries will be a key factor in your case value.
Your lawyer will delve into all relevant medical records, which may include:
- Any images of your injuries, such as X-rays and CT scans
- Medical bills
- Doctors’ written diagnoses of injuries and symptoms
Your lawyer may even speak directly with your doctors so they can better understand your medical condition.
Referring You to a Mental Health Professional
Survivors of traffic accidents are often traumatized, even suffering from post-traumatic stress disorder (PTSD) in many cases.
Your lawyer may refer you to a mental health professional to:
- Diagnose any conditions resulting from your collision, such as PTSD, depression, and anxiety
- Provide any treatment you may need for accident-related pain and suffering
- Provide documentation of your pain and suffering, which will directly benefit your case
- Inform your lawyer about your recovery prognosis
- Help your attorney determine the cost of any mental health treatment you’ll require now or in the future
Motorcycle accident lawyers often have connections with qualified, compassionate mental health professionals. If you need an evaluation, treatment, or both, your lawyer will ensure you get it.
Determining the Cost of Repairing or Replacing Your Damaged Motorcycle
Property damage is always a concern when a motorcycle accident happens.
Your lawyer may determine your property costs by:
- Consulting automotive professionals to determine whether your bike is repairable or not
- Getting copies of bills for the repair of your motorcycle
- Determining the Kelley Blue Book value if your bike is totaled
Believe it or not, the cost of repairing or replacing your motorcycle may pale compared to the cost of medical care and pain and suffering. Even so, repairing or replacing a damaged motorcycle can cost thousands of dollars.
Securing Relevant Financial and Employment Records
There is typically a professional cost to motorcycle collisions, and your attorney may document that cost using:
- A doctor’s testimony that the accident disabled you and you cannot work, whether temporarily or permanently
- An employer’s testimony about how your accident and injuries have affected your work
- Financial statements indicating that you’ve lost income due to the accident
Riders make up about 15 percent of traffic deaths, which indicates how intense, traumatizing, and damaging motorcycle accidents are. Attorneys know that accidents like yours impose both an economic and non-economic cost on the victim.
Your attorney will take all necessary steps to prove the full and exact cost of your accident, all the while respecting your privacy and pain.
Some Damages You Might Face After a Motorcycle Collision
As your attorney determines your case value, they will list the specific damages you deserve compensation for. Those damages may include:
Medical Expenses
Thousands of riders suffer injuries each year, but each rider’s medical profile is unique.
Some of the medical services a rider might need (and face bills for) after an accident are:
- Ambulance transport
- Emergency services
- Medical imaging
- Surgery
- Hospital services
- Rehabilitation
- Medications
The most serious injuries cost far more than the average person can afford. A paralyzing injury, for instance, can cost more than $1 million in a single year of care.
Pain and Suffering
Attorneys are uniquely qualified to identify your pain and suffering. They see such pain and suffering in many, if not most, of the cases they handle.
Meanwhile, the typical client may not even know they can obtain compensation for their pain and suffering, which may include:
- Physical pain and discomfort
- PTSD
- Depression
- Anxiety
- Scarring and other types of disfigurement
- Sleep loss
- Diminished quality of life
Attorneys use accepted methods to calculate the precise financial value of pain and suffering. These non-economic damages can cost just as much or more than certain economic damages.
Mental Health Services
If you decide that counseling, therapy, or other mental health services are necessary to overcome accident-related trauma, your attorney will include your treatment costs in their case valuation.
Motorcycle Repairs (or Replacement of a Totaled Bike)
Your lawyer will consult automotive repair professionals to determine:
- Whether your bike can be repaired
- If so, how much the repairs will cost
- If not, the replacement value of the totaled bike
They will obtain any estimates, bills, photographs of damage, and other documentation relevant to your case. You should receive compensation covering all repairs or the cost of replacing a totaled motorcycle.
Lost Income
The professional cost of your motorcycle accident may include:
- Lost earnings
- Diminished earning capacity (which is when riders cannot earn the same amount they did before the collision, generally because of injuries or trauma)
- Lost opportunities to earn promotions, bonuses, and new career opportunities
- Loss of benefits (which can happen when the rider loses their job or has to alter their professional role)
Your lawyer will learn about your career to accurately value any accident-related professional damages you have suffered.
Steps Your Attorney May Take to Resolve Your Case
A motorcycle accident case is a multi-step process. An attorney’s familiarity with this process should allow them to complete your case as soon as possible, as they will waste no time in:
Taking Over the Insurance Process
Many injured riders obtain the compensation they deserve by filing one or more insurance claims. Insurance companies will rarely pay you fairly, so let an attorney handle the claims process.
Your lawyer will:
- Identify all the insurance companies that owe you compensation
- File claims on your behalf
- Handle all communications with insurers
- Deal with any bad-faith approaches from insurers (denials, lowball settlement offers, and unnecessary delays are all too common)
- Resolve the claims process as efficiently as possible
Some insurance companies are willing to pay injured riders fairly, but this isn’t always true. Having an attorney will protect you from any mistakes or threats that might otherwise lead to an unfavorable claim outcome.
Detailing Your Recoverable Damages
Your lawyer will use all available proof of your damages as they prepare for settlement negotiations. This will include any medical records, financial statements, and expert testimony they gathered to prove your economic and non-economic losses.
Proving Fault for the Motorcycle Accident
Motorcycle accidents don’t occur spontaneously. In almost every case, some person or organization does something negligent to cause the collision.
Your attorney will secure all evidence that proves fault for your collision, and that evidence may include:
- A law enforcement officer’s report
- Video from traffic cameras, dashboard cameras, or other sources
- Photographs of damage to your bike and any vehicles involved in the accident (these can tell a story in and of themselves)
- Sworn witness testimony
Your lawyer's case will weave together this and any other evidence of the negligence that led to your accident.
Negotiating a Settlement (with Insurance Companies or Others)
Most injured riders prefer to obtain a fair settlement and close the book on their case than draw things out and go to court. This outcome typically requires liable parties to negotiate in good faith, which insurers rarely do.
However, a skilled attorney may convince even unwilling parties to pay an injured claimant fair compensation through persuasive negotiation.
Determining If You Should File a Lawsuit (With Your Input)
A lawyer gives you leverage. Should insurance companies or other liable parties not negotiate in good faith, your attorney can file a lawsuit. This means that, simply by hiring a lawyer, you have the option of filing a lawsuit.
Having the ability to sue one or more liable parties means:
- Those liable for your accident may offer a fair settlement (they may fear the risk of losing at trial and may not want to test your willingness to sue)
- If liable parties do not offer the compensation you deserve, you and your lawyer can pursue fair compensation by filing a lawsuit (and possibly going to trial)
Whether or not you ultimately end up filing a lawsuit or going to trial, the very fact that you have a lawyer provides greater options and leverage.
Completing a Trial, If It’s the Strategy You Choose
Even when injured riders and their attorneys choose to file a lawsuit, it’s not a given that the lawsuit will lead to a trial. Your lawyer may still negotiate with liable parties after they file a lawsuit, and these negotiations can lead to a fair settlement offer.
Notice of a lawsuit can be a wake-up call for liable parties. With the trial on the horizon, these parties may finally get serious about negotiations and may ultimately offer the compensation you deserve. If they do not, your attorney may fight for you in court.
Your Motorcycle Accident Lawyer Won’t Be Working Solo. You Get More Than a Lawyer When You Hire a Lawyer.
A motorcycle accident lawyer is immensely valuable. Their legal training, case experience, and negotiating prowess directly benefit clients. That said, a lawyer’s value also comes from their team.
Depending on the specific firm you hire, your attorney may also come with:
- Paralegals: A skilled paralegal can ensure your motorcycle accident case proceeds without delay or error. These legal professionals handle critical duties that enable your lawyer to focus on other important responsibilities only an attorney can handle.
- Other support staff: Case managers, intake specialists, secretaries, and other support staff can ensure you receive proper attention throughout the case. While you should also have regular contact with your attorney, these support staff play crucial roles in client service.
- Experts: Motorcycle accident attorneys often hire experts to contribute to their cases in a number of ways. These experts may substantiate your account of the accident, testify about your economic and non-economic damages, and help your attorney determine exactly how much compensation you deserve.
- Unconditional financial support: A lawyer does not always know what resources a case will require until they start working on it. A law firm’s financial support will enable your attorney to build a strong case regardless of the cost.
While a personal injury lawyer commands a fee, they typically only receive it if the client receives compensation. This makes it possible for anyone to hire a motorcycle accident attorney, regardless of any financial uncertainty they may face.
Your Lawyer Will Lead Your Case. Your Responsibility Will Be Far Simpler.
You now know the many duties a motorcycle collision attorney will handle for you.
As your lawyer and their team manage these crucial responsibilities, you should:
- Get the rest you need
- Follow your doctor’s treatment recommendations
- Be available for updates from your legal team
- Reach out to your lawyer with any questions or concerns
Your attorney's support should allow you to breathe and sleep easier and give your recovery the effort and attention it demands.
Hire Your Motorcycle Accident Attorney as Soon as Possible
Several time-sensitive aspects of your case include securing evidence from the collision. Do not wait to hire your motorcycle accident attorney. Contact Steffens Law Accident Injury Lawyers today!