What Are the Factors That Influence Motorcycle Accident Compensation?
When you turn to our law firm, we will help you understand the factors that may influence your motorcycle accident compensation. These may include injury severity, each party’s liability, and the extent of your damages.
Severity of Injuries
Your motorcycle accident settlement should compensate you for the damages you suffered as a result of the accident. More severe injuries usually result in more significant damages.
We often classify motorcycle accident injuries into three categories:
- Minor injuries: Examples of minor injuries include bruises, sprains, and strains. These injuries can affect your quality of life for some time, but they usually heal quickly and don’t leave lasting damage. As a result, they tend to have lower settlement values.
- Moderate injuries: These are injuries that require significant medical care and have a longer recovery period. Examples include fractures, dislocations, and concussions. They may have some long-term effects but don’t prevent you from working or performing daily activities after the initial healing period. Their settlement values are usually higher than those for minor injuries.
- Catastrophic injuries: Traumatic brain injuries, spinal cord injuries, and any other injury that causes permanent disability fall under this category. Catastrophic injuries typically require lifelong management and keep you out of most forms of employment, so their settlement values are often the highest. This was the case with a client who suffered an amputation in a motorcycle accident, resulting in a $7 million settlement.
How Virginia’s Contributory Negligence Law Affects Motorcycle Accident Settlements
Virginia takes a strict approach to accident liability. If you are held even slightly at fault for your motorcycle accident, you will be unable to receive any compensation for your injuries under Virginia’s contributory negligence laws.
That is why insurance companies are often quick to blame motorcyclists for accidents. Strong evidence and skilled advocacy are necessary to fight back. Our Virginia motorcycle accident lawyers can help you gather evidence to build the strongest case possible, including:
- Police reports
- Witness statements
- Expert analysis
- Photos and videos of the accident scene and your injuries
- Medical records
- Surveillance footage
Calculating Economic and Non-Economic Losses
The extent of your economic and non-economic damages will also affect your settlement amount. Economic damages are expenses with financial documentation, such as medical expenses and lost income. Non-economic damages are subjective and don’t have a set dollar value, such as pain and suffering or loss of enjoyment of life.
Medical Expenses
Your motorcycle accident settlement should cover all past medical treatments and future medical needs resulting from the injury. This may include hospitalizations, surgeries, medications, and ongoing medical care. Calculating future medical expenses may require assistance from a medical expert.
Lost Wages & Earning Capacity
Your motorcycle accident injury likely took you out of work for at least some time. If your injury is severe enough, you may be unable to return to work altogether. Your compensation should cover both the work you have already missed and your diminished earning potential resulting from long-term limitations.
Property Damage
You may also be entitled to compensation for the cost of repairing or replacing any personal property damaged in the motorcycle accident. This may include your motorcycle, clothing, or electronic devices.
Rehabilitation Costs
If your injury requires rehabilitation, such as physical therapy or occupational therapy, your settlement should also account for these expenses.
Non-Economic Losses
Physical pain and suffering is a common non-economic loss after a motorcycle accident. This type of loss can have a significant impact on your daily life, but it’s also quite subjective. Testimony from you, your close loved ones, or your healthcare providers can help prove the extent of your pain and suffering.
You may also receive compensation for the lost quality of life you’ve experienced due to your injuries. This may include being unable to participate in activities you once enjoyed, having diminished independence, or experiencing limitations in relationships.
Motorcycle accidents can also be emotionally traumatic. You may receive compensation for the mental health challenges you’ve experienced due to the accident, including anxiety, depression, or post-traumatic stress disorder (PTSD).
Why Choose Cooper Hurley Injury Lawyers
At Cooper Hurley Injury Lawyers, injury law is all we do. We’ve obtained tens of millions of dollars for thousands of clients injured in motorcycle accidents and other personal injury cases. Our personalized, client-focused representation allows us to get the best possible outcome for your case.
We offer a free initial consultation to explore your legal options. There’s no obligation to hire us, so you have nothing to risk in reaching out. Contact us online or call (757) 333-3333 to get started.
Motorcycle Accident Settlement FAQs
Here are our answers to common questions about motorcycle accident settlements in Virginia.
1. Will I Get a Higher Settlement if I Work With a Lawyer?
While every case is unique, working with a skilled motorcycle accident lawyer can significantly increase your chances of securing a higher settlement. Insurance companies strive to minimize payouts. Without legal representation, you may end up accepting much less than your case is worth.
2. How Long Does It Take To Settle a Motorcycle Accident Claim?
The timeline for settling a motorcycle accident claim can vary widely based on several factors, including the severity of injuries, the complexity of the case, and whether liability is disputed. Some cases may resolve in a few months, while others could take a year or more—especially if they go to trial.
3. Can I Get Compensation if I Wasn’t Wearing a Helmet?
Due to Virginia’s strict contributory negligence laws, it may be more difficult—but not impossible—to get compensation if you weren’t wearing a helmet. For example, if a motorcyclist suffered a traumatic brain injury (TBI) in a crash but was not wearing a helmet, the insurance company or defendant may argue that the injury was worsened due to their failure to comply with helmet laws. This could lead to a complete denial of compensation.
