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How Are Motorcycle Accident Settlements Calculated?
In Alabama, motorcycle accident settlements are determined by first calculating the monetary value of the damages you suffered, cost of current and future medical treatment, lost wages or earning capacity, and any property damage. Next, your attorney will consider the assumed value of your intangible losses, such as pain and suffering, diminished quality of life, mental anguish, loss of consortium, etc. If the accident resulted in wrongful death, the deceased’s eligible family members may pursue punitive damages.
Factors That Affect Your Motorcycle Accident Settlement
These factors significantly impact how much compensation you could receive:
Severity & Type of Injury
Catastrophic injuries (e.g., traumatic brain injuries, spinal cord injuries, amputations) require more extensive medical treatment, which leads to higher medical costs. They can also cause more severe non-economic damages like mental anguish, PTSD, reduced quality of life, etc., which can increase the value of your case.
Fault/Liability
Alabama follows a contributory negligence law, which dictates that you cannot seek compensation if you were even 1% at fault for the accident. If, for example, you were riding recklessly or failed to follow safety laws, the defense may argue that you share fault in the accident.
Insurance Coverage
Often, motorcycle accident settlements cannot exceed insurance policy limits, such as:
- At-fault driver’s liability limits. Alabama requires drivers to carry at least $25,000/$50,000/$25,000 in liability coverage; low limits can constrain settlements unless other coverage or assets are available.
- Your UM/UIM coverage. Alabama insurance policies must include uninsured/underinsured motorist coverage unless you reject it in writing. This coverage can fill the gap when the at-fault driver has insufficient coverage or no coverage at all.
Statute of Limitations
Time is limited to file a claim in Alabama. The statute of limitations for personal injury claims is 2 years from the date of the injury. Failing to file within this timeframe disqualifies you from pursuing compensation. Although some exceptions may apply, it’s important to file a lawsuit as soon as possible to ensure you don’t miss the deadline.
Speaking to a motorcycle accident lawyer as soon as possible will allow them to investigate your case and gather important evidence before it disappears. This will help them build a more solid case that shows you were not at fault. An attorney can also ensure you file a lawsuit within the appropriate timeframe.
Long & Long Injury Attorneys offers free case reviews, and we don’t charge anything unless we win compensation for you. To find out how much your case could be worth, contact us today to discuss your case with a member of our team.
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Mistakes That Could Reduce Your Settlement Amount
While your case is ongoing, avoid these common mistakes that could undermine your credibility and reduce your settlement amount:
- Delaying medical care or not following treatment plans, which lets insurers argue your injuries aren’t serious or weren’t caused by the crash.
- Giving recorded statements to insurers without counsel, creating inconsistencies the defense can exploit.
- Posting photos or videos on social media that make it look like your injuries are not as severe or debilitating as you claim.
- Admitting fault at the scene or to insurers, which can be used against you by the defense.
Our attorneys have extensive experience in motorcycle accident cases and can advise you of other common pitfalls to avoid. Contact us today to get started with a free case review.
How to Maximize Your Compensation
By following these steps, you can preserve your right to compensation and help strengthen your case:
- Call 911: Authorities will file a police report to document the scene.
- Document the Scene: To the best of your ability, take photos and videos of your injuries and property damage. Your attorney can use this information to determine the extent of your losses.
- Collect Contact Information of Others at the Scene: Exchange contact information with the others at the accident scene. Your attorney can contact witnesses and gather their testimonies to prove liability.
- Get Immediate Medical Attention: Medical professionals will document your injuries and identify any possible future injuries that may appear as a result of the accident. They will prescribe medical treatment, which your attorney will include when calculating the cost of your damages.
- Notify Your Insurance: File a claim with your insurance provider. This can help legitimize your legal claim.
- Hire a Lawyer as Soon as Possible: A motorcycle accident lawyer can review your claim and determine how much it could be worth, then build a compelling case for compensation. Evidence can disappear quickly after an accident, so the sooner you speak to an attorney, the better.
Hire Long & Long Injury Attorneys
Our team has over 200 years of combined legal experience. We’ve seen hundreds of cases just like yours, and we know what it takes to win. We’ll stand up to the insurance companies to get you a fair settlement. Whether you’re in Mobile, Orange Beach, Gulf Shores, Foley, Daphne, Fairhope, Robertsdale, Loxley, Spanish Fort, Bay Minette, Malbis, or the surrounding areas, Long & Long is prepared to fight for you. Contact us today to discover how much your case could be worth.