Learn How Motorcycle Accident Settlements Are Calculated in NY

Getting involved in a motorcycle accident is nothing short of stressful. Contrary to the average car accident, a crash involving a motorcycle can lead to more severe injuries and complicated legal proceedings.

Negotiating with an insurance company is often hard, especially considering that these companies don't have the victim's best interest in mind.

One of the best ways to address a motorcycle accident is to file a personal injury lawsuit against the at-fault party. This ensures that the defendant faces justice for their negligent or reckless actions.

A common question in people's minds is: "How much money can someone earn from a motorcycle accident?" While this is a tricky question to answer, there are a few factors that can guide the victim to a reasonable answer.

This page covers how motorcycle accident settlements are calculated in NY, including all elements that affect a person's payout.

Are Motorcycle Accidents Serious?

A motorcycle accident can quickly become fatal for the victim. The main reason why is that riders don't have as much protection on them as car drivers. A lack of protection increases the risk of serious injuries even in minor collisions.

Depending on what happened, the motorcycle accident injury may require extensive medical treatment. The more complex the treatment, the higher the medical bills.

Some victims rely on their insurance company to cover these damages. Unfortunately, not all insurers will cover everything, especially if they believe the victim has some liability.

By hiring an experienced motorcycle accident lawyer, the victim has a much better chance of getting enough money to cover their treatment. They can also share insight on how truck accident settlements are calculated in NY.

Is It Possible to Earn Money from a Motorcycle Accident Claim?

Yes. Although riders have a bad rep, that doesn't mean that they can't fight for their rights. Not all accidents are caused by the recklessness of a motorcycle rider, and that's what a lawsuit can prove.

Even if the other person involved in the crash was at fault, the chances are that they will deny everything. If the victim isn't quick enough to start gathering evidence, they may lose the opportunity to earn compensation to cover all damages related to the case.

Which Factors Influence Settlements for a Motorcycle Accident Lawsuit?

The average motorcycle accident settlement in New York ranges from $7,500 up to $1 million. However, it's hard to come up with an exact sum since so many factors can play a role in the case.

All circumstances are different, which is why hiring a New York motorcycle accident attorney should always be in the victim's best interest.

Even though it's hard to come up with an average settlement amount in this state, an attorney can review certain factors to figure out an approximate sum. Generally speaking, motorcycle accident cases are calculated based on the elements mentioned below:

Severity of the Injuries

One of the main factors considered when calculating a settlement is the severity of a person's injuries. As mentioned before, severe injuries will often lead to higher medical expenses. Attorneys can use that to negotiate a fairer settlement for their clients.

Victims should document the development of their injuries thoroughly. Everything will help when negotiating with the at-fault party or their insurance company.

Some of the worst injuries a person can experience include:

• Head/brain injuries

• Spinal cord injuries

• Bone fractures

Catastrophic injuries will often influence the final settlement because of their long-lasting effects. In some cases, the victim will not only experience immediate expenses but also a diminished quality of life.

Although less serious injuries may not warrant such a high settlement, it's still possible to get money from them.

Economic Damages

There are two types of damages a victim can recover from their lawsuit. Economic damages are usually easier to calculate since they're based on tangible losses. Non-economic ones, on the other hand, don't have a fixed economic value, meaning that they will take more effort to figure out.

Below is an overview of the most common economic damages:

Medical Expenses

Medical expenses include a wide range of factors, particularly past, current, and future costs related to the accident. These will vary depending on the case, but they mostly include:

• Medications

• Hospital stays

• Surgeries

• Therapy

These expenses tend to be the easiest to calculate since they have an actual dollar figure related to a person's financial burden. By gathering enough evidence about the person's treatment, they can fight for fairer compensation.

In cases of catastrophic injuries, such as TBIs, the victim may need to get testimony from a medical professional to justify and estimate the cost of future treatments or medications. For more information, call our attorney.

Property Damage

Some riders may be entitled to compensation for repairing or replacing their motorcycle. Depending on what happened, they may also recover money to cover damages to other personal property.

These damages are also simpler to calculate since there's tangible evidence to consider, but the outcome of the case will depend on several factors, such as the person's grade of liability.

Lost Wages

Lost wages represent income that the person loses due to their inability to work. If the victim gets fractured bones after their accident, for example, they may get asked to stay some time off work.

That "time off" will likely represent a loss in income, which can affect not only the victim but also their family, especially if they're already covering hefty medical bills.

Suing another person for lost wages may secure a fair settlement to cover most of the income lost during the recovery phase.

Loss of Earning Capacity

Loss of earning capacity is often considered for catastrophic injuries. It happens when the injuries are so severe that they result in long-term disability, affecting the victim's earning capacity in the future. This also applies if the injuries lead to a reduced ability to work.

Non-economic Damages

Non-economic losses are usually much harder to calculate. Physical and emotional distress are equally important, but that doesn't mean that insurance companies or courts will see it the same way.

The state of New York provides compensation for non-economic damages, so it's a matter of building a great case that justifies them. Here's a breakdown of the most common damages:

Pain and Suffering

"Pain and suffering" represents compensation for physical pain and emotional distress caused by a motorcycle accident. This term includes several types of damage, including:

• Physical pain and impairment

• Disfigurement

• Anger

• Depression

• Anxiety

• Post-traumatic stress disorder (PTSD)

In New York, there's no specific formula to calculate these damages. Most cases are handled in one out of two ways:

• Multiplier Method: It involves picking a multiplier, which can range from 1.5 to 5. This multiplier is chosen based on how much the accident affected the person's life. The court will then multiply the economic damages by the chosen multiplier to calculate the final sum.

• Per Diem Method: Here, the court will assign a daily value to economic damages, which will vary depending on the severity of the injuries and their impact on the victim. Next, the court will multiply that value by the number of days the injury persisted.

In any case, it may be necessary to get testimony from medical experts to justify these injuries.

Loss of Consortium

Loss of consortium provides compensation for people who have undergone extreme changes in their relationships because of the accident. This includes relationships with family members. In other words, this refers to the "loss or impairment of intangible benefits of a relationship."

A loss of consortium claim may involve several factors, such as:

• Loss of services

• Loss of support

• Loss of companionship

• Loss of intimate relations

Loss of Enjoyment of Life

As the name implies, it represents people who can't enjoy doing past activities anymore because of the accident. Depending on the case, the victim may earn compensation if they can prove that the accident affected their life in a meaningful way.

Amount of Evidence

The amount of evidence the victim has in their favor will greatly influence the outcome. Several items, such as medical records, accident reports, photos and videos of the accident, and testimonies will contribute to the victim's goal.

These pieces of evidence can make the case more credible, meaning it'll be easier for the victim to prove that they need that higher settlement.

Legal Representation

Getting help from an experienced motorcycle accident attorney can affect the victim's chances of winning.

Most of the time, insurance companies have huge legal teams behind them. Fighting these teams without help or legal knowledge will only make things worse.

By hiring an expert, the victim can fight for their rights without having to experience extra stress because of the case. This can also be helpful when figuring out how bicycle accident settlements are calculated in NY.

What About Punitive Damages?

New York courts may grant punitive damages in some cases, although they're not meant to give more money to the victim.

Punitive damages are used as a punishment for the defendant if they acted recklessly or egregiously. They're meant to deter the defendant from acting like that again.

About New York's Comparative Negligence Rule

The comparative negligence law in New York states that the plaintiff can recover damages even if they were partially at fault for the accident. In such cases, their compensation will be adjusted based on their percentage of fault.

Those who are found to be 20% at fault, for example, will get that percentage deducted from their compensation.

Bottom Line

Dealing with a motorcycle accident without help will only affect the victim's chances of winning. By working with a legal team, such as the one in the Law Office of Carl Maltese, victims can build a solid case that gets them the justice they deserve.

Those interested in learning more about their potential case outcome can schedule a free consultation with this team today.