If a motorcyclist is involved in a collision, the results can be extremely serious. As a result of the inadequate protection provided by motorcycles, injuries experienced may permanently affect one’s life or even prove deadly. An average of 5,000 motorcycle fatalities were reported between 2011 and 2020. With these numbers, safety should always be the number one priority, but still, accidents do happen. However, if the collision was brought about by the carelessness of another vehicle or party, the rider may be eligible for financial compensation, and victims should contact motorcycle accident lawyers to help them go through the legal process of accident compensation.
Nonetheless, the amount of compensation granted is subject to a wide range of fluctuations depending on several different circumstances.
Take a look at the most important aspects that can impact the total amount of compensation obtained in a personal injury claim for a motorcycle accident.
The Degree of Damage Sustained
The severity of the injuries experienced is one of the most important considerations that go into determining the amount of compensation that is given in a motorcycle accident lawsuit. As was just discussed, the lack of protection on motorcycles means that injuries sustained in motorcycle accidents can be serious and even permanently disabling. If the biker has severe injuries, the amount of compensation that is given to them would most likely be higher to make up for the expense of medical treatment, ongoing care, and probably lost wages owing to an inability to work.
Scale of Responsibility
The degree of blame attributed to each participant involved in an accident is another element that can play a role in determining the amount of compensation awarded in a motorcycle accident lawsuit. Most of the time, more than one person is to blame, at least somewhat, for the collision. If it is determined that the motorcyclist was partly to blame for the accident, the amount of compensation that is given could be lowered appropriately. On the other hand, if it is determined that the other party was substantially to blame for the incident, then the amount of compensation that is granted could be adjusted to reflect this.
Protection Provided by Insurance
In the event of a motorcycle accident, the amount of compensation granted may also be influenced by the types of insurance policies held by both the biker and the other party involved in the collision. If the other party is uninsured or underinsured, the amount of compensation that is granted to the prevailing party can be restricted to the amount of coverage that is available to the prevailing party. On the other hand, if the biker carries full insurance coverage, this may provide additional compensation in addition to that which is received through the legal process.
Lost Wages and Future Earning Potential
Lost wages and the potential for future earnings are two other aspects that can play a role in determining the amount of compensation awarded in a motorcycle accident claim. The injured biker may be eligible for compensation for lost wages if their injuries prevent them from returning to work. In addition, if the motorcyclist is unable to return to their prior job as a result of their injuries, or if their future earning potential is reduced as a result of their injuries, the amount of compensation that is given to them may be adjusted to reflect this.
Experiencing Agony and Suffering
In the event of a motorcycle accident, the plaintiff may be awarded compensation for their physical and mental anguish in addition to monetary damages to cover medical costs and lost wages. This can encompass both the physical pain and the mental misery that the accident has caused, in addition to any other non-financial damages. The severity of the injuries incurred and the effect they have on the motorcyclist’s life both have a significant bearing on the amount of compensation that can be given for pain and suffering.
A motorcyclist who suffers injuries as a result of an accident that was brought about by the carelessness of another motorist or party may be eligible for financial compensation. However, the amount of compensation granted can vary widely, depending on many circumstances. These considerations include the severity of the injuries that were experienced, the degree of guilt that is assigned to each individual involved, the insurance coverage, lost wages, and future earning potential, as well as pain and suffering.
Always remember that there are thousands of motorcycle accidents every year, and if you or someone you know has been involved in a motorcycle accident, it is important to seek out an experienced motorcycle accident attorney who can help in navigating the legal process and ensuring that you receive the compensation you deserve.
