Motorcycle accidents can cause significant physical harm. If you’ve been involved in a motorcycle accident, you may be wondering about the average settlement for a motorcycle accident in New Jersey.
Compensation in motorcycle accident cases varies significantly because of several factors.
Below, the New Jersey personal injury attorneys at Wiley Lavender Maknoor, PC, discuss some factors affecting motorcycle accident settlements.
Motorcycle Accident Basics
Your ability to prove the legal theory of your case is critical in calculating how much your settlement might be. Most accident cases, including motorcycle accidents, are based on the legal concept of negligence.
To prove negligence, you must show the following:
- Duty—Drivers owe each other a duty of care to follow vehicular laws and look out for motorcyclists on the road;
- Breach of duty—A driver breaches that duty when they fail to follow the law or drive carelessly;
- Causation—Their breach of duty caused the accident; and
- Damages—The accident caused you harm.
A personal injury attorney can help you determine if the facts of your case meet the elements necessary to prove negligence.
Compensation Available for Motorcycle Claims
There really is no average settlement for a motorcycle accident. Settlements vary widely from case to case, and trying to compare your case to someone else’s to guess how much compensation you might get is typically not very useful.
Instead, you should consult an attorney and familiarize yourself with the types of damages available to you, given the circumstances of your case.
In most motorcycle accident cases, you can seek both economic and non-economic damages.
Economic damages are relatively easy to calculate because they have straightforward dollar amounts attached to them.
Economic damages include things such as:
- Damage to your motorcycle and other property,
- Medical expenses, and
- Lost wages for time away from work recovering from your injury.
Noneconomic damages are more difficult to calculate because they are more subjective and highly dependent on each individual. Noneconomic damages include things like emotional distress and pain and suffering damages.
Rarely, a court may also award punitive damages in cases where the responsible party acted particularly badly.
Punitive damages punish the responsible party rather than compensate the injured person for damages.
Individual Factors in Motorcycle Case Settlements
You may still be wondering, How much is a good settlement for a motorcycle accident? Every motorcycle accident case is unique, and settlements can range significantly. Below are some factors that affect settlement amounts.
Seriousness of Injuries
A person with more serious injuries will likely have a larger claim for damages. More serious injuries require greater time off from work (lost wages) and higher medical expenses.
Another factor that affects a settlement amount is whether the injured party was partly responsible for the accident or injury.
Under New Jersey’s contributory negligence law, a court will reduce your award based on your percentage of fault. If you’re more responsible than the other party, you likely won’t get anything.
Our Personal Injury Attorneys Will Help You Calculate a Fair Settlement
Settlements for motorcycle accidents can range significantly. You need a motorcycle accident lawyer who is well-versed in New Jersey’s detailed law to calculate a fair settlement in your case.