In West Virginia, there really is no average settlement for motorcycle accidents. This is due to the fact that all motorcycle accident cases are unique, so a number of factors go into the settlement decision. While there is no average payout after a motorcycle accident, there are things you can do to maximize your compensation after being injured. Below, our West Virginia motorcycle accident attorney explains in further detail.
What is the Average Payout for a Motorcycle Accident in West Virginia?
While there is no average compensation for motorcycle accidents, there are some guidelines you can use. A motorcycle accident that results in fairly minor injuries may result in a claim between $5,000 and $10,000. On the other hand, motorcycle accidents do not usually result in only minor injuries. Motorcyclists are very exposed when they are on the road. With little more than a helmet to protect them, bikers suffer some of the most catastrophic injuries during a crash.
Serious injuries such as amputations and paralysis are not uncommon after motorcycle accidents. These life-changing injuries can result in up to $1,000,000 or more in losses, which accident victims can recover through a claim. Motorcycle accident claims for moderate injuries can help victims claim between $50,000 and $75,000, typically.
What Factors Impact Motorcycle Accident Settlement Amounts?
The reason it is so difficult to determine an average settlement for motorcycle accidents is that no two accident cases are exactly alike. Many factors impact motorcycle accident settlement amounts, and they include:
- Liability: West Virginia follows a modified comparative fault law, found in the West Virginia Code §55-7-13a. Under this law, accident victims can still claim compensation for their injuries as long as they are 50 percent or less at fault for the crash. When a motorcyclist contributes to an accident but is less than 50 percent at fault, any compensation they receive will be reduced by their same percentage of fault. It is important to work with an attorney who can refute a driver’s claim that you were partly at fault for the crash.
- Strength of the evidence: When filing a claim, you must present evidence to prove that another party was at fault. Some of the strongest types of evidence in these claims include police reports, eyewitness testimony, and photos from the crash scene.
- Severity of injuries: Injuries that are more severe result in larger settlement amounts. When the injuries result in disability or long-term effects, this can also increase motorcycle accident settlement amounts.
- Medical expenses: Medical expenses typically make up the bulk of motorcycle accident settlements. All medical costs can be included in a claim, including costs for emergency care, surgeries, medication, pain management, physical therapy, and rehabilitation.
- Quality of life: The severe injuries and trauma caused by a motorcycle accident can greatly impact your quality of life afterward. If you are no longer able to enjoy the activities you once did or complete basic daily tasks, this is a loss that can increase your settlement amount.
- Pain and suffering: The injuries suffered in a crash will not only cause immense physical pain but also emotional anguish. The more pain and suffering you feel after the crash, the more you can pursue in a settlement.
- Ability to pay: There are times when settlement amounts are limited by the liable party’s ability to pay. For example, if you were hit by an uninsured driver, your options may be very limited when trying to obtain a settlement.
- Time limit: Under the West Virginia Code §55-2-12, you have just two years from the date of the accident to file your claim for damages. This is the statute of limitations, or time limit. Failing to file within this time will likely result in your claim being thrown out, and you will not receive any compensation at all.
- Helmet use: All riders and passengers in West Virginia are required to wear a motorcycle helmet at all times when they are on a bike. Failing to wear a helmet can greatly reduce a settlement afterwards, as the insurance company will argue that you did not try to avoid or mitigate serious injury.
How to Maximize Your Motorcycle Accident Claim
While there are some factors out of your control when pursuing a motorcycle accident settlement, there are ways to maximize your motorcycle accident claim. These include:
- If you are able to, take photos and video footage of the entire accident scene, your injuries, and the damage to all vehicles involved.
- Call the police to the scene. They will write and file a report, which may indicate how the accident occurred and may even identify who was at fault for the crash.
- Locate anyone who saw the accident and ask them for their name and contact information.
- Seek medical attention immediately so your injuries do not become worse and to ensure they are well documented.
- Keep all documentation, including any pay stubs that can prove lost wages, cost of transportation to doctors’ appointments, and other evidence of your losses.
- Contact a West Virginia motorcycle accident lawyer. Studies have shown that injured individuals who work with an attorney recover substantially more in compensation than those who do not have legal representation.
ZIP Codes We Serve
Our motorcycle accident lawyers are dedicated to helping injured individuals throughout the state. The following are just a few of the ZIP codes we serve:
- 24701
- 24739
- 25981
- 26003
- 26039
- 26415
- 26424
Wherever you are in West Virginia, our experienced attorneys are here to help.
Call Our Motorcycle Accident Lawyer in West Virginia for Legal Help
When trying to recover the maximum compensation you need after a crash, it is critical to work with a West Virginia motorcycle accident lawyer. At Kaufman & McPherson, our experienced attorneys will conduct an investigation and collect evidence that proves someone else was at fault for the crash. Contact us to request a consultation with one of our experienced attorneys and to learn more about how we can help.
