How much you should settle for after a motorcycle accident will depend upon the details of the incident, including the extent of property damage and personal harm you have suffered.
Sadly, this is mainly because motorcycle accidents tend to cause severe, often life-threatening injuries. Victims fortunate enough to survive a crash may face seemingly insurmountable medical bills as well as long-term losses, such as the inability to return to work or partake in life as they did previously.
If you were in an accident, consider working with a lawyer to discuss your options and devise a plan to seek just compensation.
Assessing Losses & Estimating Compensation
Every case is different, so it may not be useful to look at statistics when it comes to estimating how much you should settle for after a motorcycle accident in which a third party was at fault. Instead, adding up all of your expenses may provide a more accurate picture.
These can include:
- Medical bills
- Property damage
- Lost wages
- Future anticipated medical and healthcare costs
Some losses (including medical bills, legal fees, and lost wages) are concrete and more straightforward to total than others, such as past and future pain and suffering and loss of quality of life. Long-term losses—including reduced earning capacity if you cannot return to your previous position and reasonably anticipated future healthcare bills—can also be comparatively tricky to estimate.
Consider the Statute of Limitations Relevant to Your Case
A statute of limitations applies to all civil and criminal cases, including traffic accidents and personal injury. In Nevada, the statute of limitations for personal injury lawsuits is two years from the accident date, per NRS §11.190.
If you do not file your case within this period, you forfeit your chance to seek compensation. It is also wise to file a claim as soon as possible after an incident because this makes it easier to compile evidence, including photos from the scene and eyewitness testimony.
Important Points to Remember About the Statute of Limitations
Bear in mind the statute of limitations is not the same as the time frame within which you must submit an insurance claim. Most insurance providers require policyholders to file a claim within a “reasonable” period after an incident. This typically entails a few weeks, at most.
File your insurance claim as soon as possible after the accident. If you need assistance doing so, an attorney can support you.
Determining Cause & Liability in Your Motorcycle Accident
Before you estimate how much you should settle for after a motorcycle accident, you first must establish enough evidence to hold the responsible party accountable for their actions.
The first step to doing so is proving what caused the accident. While drivers tend to have more difficulty seeing motorcyclists than other vehicles, the causes of motorcycle crashes are much the same as those involving commercial or passenger cars.
Some causes include:
- Distracted driving
- Inclement weather or reduced visibility
- Poorly maintained roadways
- Driving under the influence of drugs or alcohol
- Improper and unsafe lane changes
- Aggressive driving
- Hazards, such as an animal in the road
As with most personal injury cases, the victim must prove the defendant was negligent to hold them responsible for the crash and resulting harm. This generally entails establishing the defendant acted recklessly or irresponsibly.
Nevada takes a comparative negligence stance concerning traffic accidents, meaning both parties may hold some percentage of the responsibility. Generally, a victim must be less than 50% responsible to be eligible for damages.
Consider an Attorney for Support After a Motorcycle Accident
Let our team represent you and help you pursue the compensation you need and deserve, so you can recover and move forward after this traumatic period. Call the office at (702) 633-3333 to speak with a staff member from Bernstein & Poisson today.