If you’re involved in a motorcycle accident, it can be an expensive experience. But calculating the cost of your injuries and damages can be tough.
The most important thing to remember is that the costs of an injury case are not limited to medical bills and lost wages. There are also other types of damages that you may recover after an accident. This includes lost property, pain and suffering, loss of consortium (loss of companionship), disfigurement, and punitive damages.
Your attorney will help you determine the amount of compensation you are entitled to receive for your injuries and losses. They will help you understand the state laws, like the Arizona motorcycle helmet law if an accident happens in Arizona. Your attorney will also let your know about the statute of limitation in filing a personal injury claim and if you are eligible to file one.
Calculating the cost of a motorcycle accident
These figures are generally based on state law formulas such as the percentage of bodily injury or medical expenses incurred. They also take into account any pre-existing conditions that contributed to your injuries or damages.
The first step in calculating your motorcycle accident settlement is to determine what percentage of the costs of your injuries are due to the negligence of the other party involved. This is done by calculating an “inalienable” percentage of fault which is used as a starting point for any negotiations with an insurance company. The next step is to calculate your damages using either the American Association of Motor Vehicle Administrators (AAMVA) or your state’s Department of Motor Vehicles (DMV) guidelines.
In most cases, if you have been injured in a motorcycle accident and have suffered medical expenses that exceed $10,000, then you should consult with an attorney who specializes in motor vehicle accidents.
Before you settle a claim, it’s important to understand the cost of a motorcycle accident.
Here are some factors that impact the cost of your claim:
The value of your motorcycle
One factor that contributes to calculating the cost of your claim is how much money you’ll need to replace your motorcycle. This is also known as “damage value,” or MV. The value of your motorcycle can play a big role in determining the cost of your claim. The value of your motorcycle is determined by several factors. The most important ones include:
- Make and model – The make and model of your motorcycle is important because it determines how much it would cost to replace it.
- Condition – If your bike is in good shape, its value increases significantly. If it’s damaged or has been in an accident, its value will be lower.
- Age – If you have owned the bike for several years, its value may be higher than if it was brand new. However, if the bike is more than 10 years old and not maintained properly, its value will decrease dramatically.
- Mileage – You can increase or decrease the value of your motorcycle based on how much you’ve ridden it each year (mileage).
Your injuries
While you may have an idea of the costs of a motorcycle accident, your injuries will make it difficult to predict. Your doctor may not be able to tell you exactly what your medical expenses will be. They can estimate the cost of your treatment and recovery, but they can’t predict whether you’ll be able to return to work or how long this will take.
In addition, if you’re injured in a motorcycle accident, you may need to get additional medical care for other injuries that aren’t related to the accident. These include fractures and lacerations from hitting the ground or from colliding with another vehicle or pedestrian. You may also need surgery for broken bones or ligament tears as well as plastic surgery for facial injuries that require repair. If you’re uninsured, these additional costs could put a huge dent in your finances if not covered by insurance.
If someone else was injured in the same crash, their medical bills can also add up quickly. Depending on how bad their injuries are, they may need multiple surgeries and months of rehabilitation before they can leave the hospital or nursing home. Often these patients are uninsured and must wait until they’re able to get coverage through an insurer before they can begin treatment
The extent of your injuries
If you are injured in a motorcycle accident, you may be entitled to compensation for your medical expenses, lost wages and pain and suffering. You should also consider contacting an attorney to discuss the possible value of any property damage or personal injury caused by the accident.
In order to calculate the cost of your injuries and losses, we will need to know several things:
- The extent of your injuries. How severe were they? What is your current functional capacity? How long will it take you to return to work after the accident?
- Lost wages. How much money will it take for you to return to work? Will you need time off from work until your healing process is complete? If so, how much will that cost?
- Pain and suffering. How much pain do you feel? Have there been lingering effects since the incident or are you suffering a Post Traumatic Stress Condition?
The medical treatment you receive
Another factor that can impact the cost of your claim is medical expenses. These expenses include medical bills for treatment and rehabilitation following an auto accident caused by another driver or pedestrian. You should also include any lost wages if you missed time from work due to an injury sustained in a crash.
You may be eligible for compensation for loss of income or medical expenses in addition to monetary damages.
Takeaway
Although motorcycling can be a fun hobby for motorcycle enthusiasts, it also presents a major risk of accidents. Getting back on the road after an accident is not easy. The emotional and physical pain can be overwhelming. You may face months of rehabilitation just to get back on your feet. If you are unsure of your legal rights, then you should consult with a member of a motorcycle accident attorney who can walk you through everything that you need to do and if you have a case.
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Credits to Jason M. Ferguson
Jason M. Ferguson, the founder of Ferguson Law Group, started his career working for an automobile insurance company as a trial attorney before owning his injury law firm for over 20 years. Attorney Ferguson has a unique experience, having tried cases on both sides of the court system in personal injury trials, unlike many other lawyers. Mr. Ferguson also served over 14 years as an Army Reserve officer and the Georgia Air National Guard. The Albany Herald recognized him as one of southwest Georgia’s “40 under 40” in 2010.
