The insurance company made you an offer for your motorcycle accident. Is it fair? How can you tell? What is a fair settlement for motorcycle accidents? Our motorcycle accident lawyers explain.
A fair motorcycle accident should be the sum of several factors. The greatest indicators are compensation that covers medical bills, lost income, and an amount for pain and suffering that is proportional to injuries. Fault also plays a role in whether a settlement is fair.
Each motorcycle accident case is worth a different amount. There is no standard dollar amount that every case is worth. A case is worth the total of damages that are available under the law including economic and non-economic losses. In addition, fault is a factor in determining what percent of a victim’s damages they are entitled to receive.
The factors that may play a role in determining a fair settlement for a motorcycle accident are:
In South Carolina, helmet use does not play a role in the amount of a fair settlement for a motorcycle accident. Failing to wear a helmet is not comparative negligence or assumption of the risk. (See Mayes v. Paxton, 437 S.E.2d 66, 70 (S.C. 1993).)
Pain and suffering in a motorcycle accident reflects the extent of the injuries and the actual suffering associated with them. When an injury is particularly painful, disfiguring or limiting to life activities, the amount of pain and suffering compensation is higher than when injuries are minor. The appropriate amount can be shown through the extent of physical injuries and evidence that explains the pain and limitations associated with them.
Are you wondering if your motorcycle accident is fair? We are attorneys you can count on. Our mission is to provide the highest level of compassion, knowledge, and personal service for our clients.
Contact our motorcycle accident lawyers today for a free evaluation of your case.
Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.