If you’re looking for the average settlement for a California motorcycle accident, you may have trouble finding one definitive answer. Unfortunately, there are several reasons why an average doesn’t make for an accurate estimate of your case’s value. Here’s why you should be skeptical of any average you find online.
Why an Average Motorcycle Accident Settlement May Be Misleading
There are several sources on the internet that claim to have an accurate estimate of the average settlement for motorcycle accidents. Unfortunately, these figures are incredibly misleading for a few different reasons.
First, many settlements are confidential. This means that the amount of any given lawsuit or claim may not be published anywhere. Almost every law firm, regardless of their city or state, has confidential settlements. As such, the estimates you find online leave out these cases, skewing the overall results.
Second, not every case has the same circumstances. There are wide variations in the value of a case, with some amounting to several million dollars or just a few thousand. The factors that affect a case’s value differ so much between claims that an average isn’t representative of a claimant’s unique situation.
So, what is the average payout for a motorcycle accident in CA? Realistically, there isn’t one that accurately represents every case. Thus, we suggest reaching out to a lawyer to learn the true value of your claim.
Factors That Affect Your Potential Compensation
When it comes to motorcycle accidents in California, there are three major factors that affect the value of a claim. Here’s an overview of each and how they play a role in the settlement process.
Perhaps the most important factor in any motorcycle accident is the extent of the victim’s injuries. Generally, accidents involving minor injuries have a lower value than those with permanent, life-changing ones. Compared to other auto accidents, crashes involving motorcycles are more likely to result in catastrophic injuries. This includes things like paralysis, traumatic brain injury, amputation, and more.
Every state has a different rule regarding the liability of both the plaintiff and the defendant. California follows a pure comparative negligence doctrine, which means that the victim may receive compensation even if they are 99% at fault for the crash. However, there is a catch. The court reduces the total award by the victim’s share of fault. For example, if a motorcyclist has $100,000 in damages and is 10% at fault, they’ll likely receive a maximum award of $90,000.
The Defendant’s Insurance
Depending on the situation, the defendant’s insurance policy may limit the amount of compensation a victim receives. The defendant’s coverage limits may not be enough to cover all of your damages. In this scenario, we recommend reaching out to a California motorcycle accident attorney to discuss your claim.
Types of Compensation for Motorcycle Accidents
It’s important to talk about the role of damages when answering the question, What is the average payout for a motorcycle accident in CA? Typically, losses in a motorcycle crash are divided into either economic or non-economic damages. Both have a tremendous impact on the value of the case.
Economic losses have a financial value that can be directly measured with bills, receipts, or quotes. This usually includes things like:
- Medical bills,
- Lost wages,
- Property damage, and
- Reduced earning capacity.
Another thing to keep in mind is that these are both past and future losses associated with the accident. For example, if your injury requires years of treatment, economic damages include the costs of that future treatment.
Also known as general damages, this category is for any intangible losses that don’t have a direct financial value. So, what does that mean? Essentially, it is the physical, mental, and emotional problems that a motorcycle accident causes. Some examples of this include:
- Reduced quality of life,
- Permanent disability,
- Severe disfigurement,
- Loss of consortium,
- Mental anguish, and
- Pain and suffering.
Since every case differs, attorneys have different ways of calculating these losses. Some simply multiply the total economic losses by a certain factor. Others may calculate a per-day loss for their client.
Need Help With Your Claim? Silva Injury Law Is Here for You
At Silva Injury Law, we understand how devastating motorcycle accident injuries are for victims, especially when they result in lifelong difficulties. When you become a client, we feel you are part of our family, and we’ll tirelessly fight for your recovery. For a free, no-obligation consultation, call us or send us a message. We proudly serve families from our offices in Turlock, Merced, Modesto, and Monterey.
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At Silva Injury Law we promote healing through compassionate advocacy. With each case tailored to the individual, we look our for your best interests by evaluating your unique circumstances. Contact us today for a FREE in person or remote consultation.