ArticlesIn any car or motorcycle accident, the amount of damages varies widely. Because of this, it is hard to pin down an exact average amount. A good settlement for one case will not be a good settlement in another. The best way to estimate the value of your individual claim is to talk to an experienced motorcycle accident attorney.
What Variables Drive the Cost of Motorcycle Accident Settlements?
There are many variables that affect what a good settlement will be in a given case. Some factors that will help determine what a good settlement is include the following.
Damages
The extent and seriousness of the damage caused by an accident will have a major impact on potential settlement amounts.
Medical costs
The nature of any physical injuries is one of the things that will most affect your settlement. An injury could require an emergency room visit, an ambulance ride, or rehabilitation. These will all increase medical costs, which will drive up total damages.
Lost wages
A physical injury can lead to lost wages or even a loss of earning capacity. If your injury has forced you to take time off work or will limit your ability to work in the future, this can increase your damages.
Non-monetary damages
A traumatic accident can result in significant pain and suffering, for which you are entitled to damages. It can also lead to psychological issues that affect your life. Any of these factors will increase your total damages.
Property damage
The total value of property damage will also drive the settlement amount. A motorcycle could be lightly damaged or totaled entirely. Other personal property may have been damaged as well. The extent of such damage and the initial value of the vehicle(s) or other property will absolutely affect the settlement amount.
Fault
In Alabama, the question of who is at fault in a car or motorcycle accident is essential to any settlement. Damages can be recovered only if a driver is not at fault.
If a driver is shown to have been partially at fault, they cannot recover damages due to Alabama’s rules on contributory negligence. Therefore, a motorcyclist who is struck from behind by a vehicle as they are speeding dangerously in and out of traffic lanes will likely not be able to recover damages.
Punitive Damages
In Alabama, some extraordinary accidents will drastically increase the amount of a settlement. Alabama law awards punitive damages only in extraordinary circumstances. In the case of car and motorcycle accidents, this may include cases of wrongful death. Punitive damages may also be awarded if the party at fault intentionally or recklessly causes the accident.
If punitive damages are sought, Alabama law allows for awards of up to $1.5 million, or three times the total amount of damages, whichever is greater. If punitive damages come up in the case of a motorcycle accident, the potential settlement amount goes up quite a bit.
Contact Our Alabama Motorcycle Accident Lawyers Today
If you have been in a motorcycle accident, call our motorcycle accident lawyers at Fob James Law Firm today.
Fob James Law Firm gets results. Because our firm focuses on motor vehicle accidents, we provide a level of expertise that other firms do not.
Our firm’s goal is to take client service to the next level by litigating fast and aggressively. To ensure this, our team is available 365 days a year at any hour of the day. Call us today.
Fob James
Fob James obtained a B.S., in software engineering from Auburn University and then continued his education by getting his J.D. from Vanderbilt University School of Law. After working for a large regional firm for several years where he obtained awards for both individual and corporate clients, Fob found that his passion was fighting for individuals who have been seriously injured or wronged by others. Fob believes that the jury is the great equalizer to the power and influence that large corporations have in society.