Almost anyone who has nearly been in a motorcycle accident in Nevada has likely thought, what would have happened if the accident wasn’t avoided? If your self-preservation instincts had not kicked in, what would the average motorcycle accident settlement be in the state? Well, we cannot give you a definite answer since there’s no average motorcycle accident, and therefore there is no real average motorcycle accident claim. There are numerous factors that impact your compensation amount, such as who’s at fault, the severity of the injuries, future medical care, etc.
Since no two accident cases are the same, the final settlement amount or the judgment awarded by a court or jury also varies depending on many factors.
Here’s an explanation of the factors on which a motorcycle injury claim depends in Nevada.
AVERAGE MOTORCYCLE ACCIDENT SETTLEMENT IN NEVADA
There is no doubt that motorcyclists are more vulnerable to accidents than other motorists. Therefore, you must not only be vigilant about your own safety, if you are unfortunate enough to be injured, you must also know your rights in the event that you are in a position understand motorcycle accident settlements.
Before we talk about the average settlement amount in a motorcycle accident in Nevada, let’s have a look at the types of cases in which you can claim compensation.
If, as a motorcyclist, you have suffered an accident for which you are not responsible, you have the right to be compensated by the at-fault driver (or their insurance company) for property damage, bodily harm, and other damages. You may also have your own insurance that can provide you with compensation.
FACTORS THAT DETERMINE COMPENSATION IN A MOTORCYCLE ACCIDENT
PERIOD OF HEALING
When an injury in a motorcycle accident occurs, the corresponding compensation depends on the severity of your injuries.
It is about compensating for the time necessary for the healing or, failing that, stabilization of the injuries, for example, the time the motorcycle crash victim spends in the ICU or hospital, the amount of follow up medical treatment required, and any permanent injuries. Each day you spend in the hospital or are absent from your work can also be quantified in the motorcycle accident settlement.
Moreover, the cost of the medical interventions that the injured motorcyclist must undergo as a result of their injuries are also compensable.
DAMAGE INVOLVED IN A MOTORCYCLE ACCIDENT
Damage Involved in a Motorcycle Accident:
Motorcycle accidents can result in various types of damage, extending beyond just the physical injuries suffered by the motorcycle rider themselves. Understanding the full scope of these damages is crucial, as they all play a role in determining the compensation you may be entitled to in a motorcycle accident settlement. Here’s a comprehensive overview of the types of damage typically involved in a motorcycle accident:
Property Damage:
This category encompasses damage to the motorcycle itself or any other property. It includes any necessary repairs or replacements to the bike, such as fixing a bent frame, replacing damaged parts, or restoring it to its pre-accident condition. Damage can also extend to protective gear, such as helmets, jackets, gloves, and boots, which might have been damaged or destroyed during the accident. To claim compensation for this type of damage, you will need to provide original invoices or obtain quotes for replacement items.
Personal Belongings:
In addition to your motorcycle, personal belongings you were carrying at the time of the accident can also be damaged. This may include items like your smartphone, wristwatch, and other personal accessories. Again, it’s crucial to keep records and provide evidence of the cost of these items for inclusion in your compensation claim.
Economic Damages:
Motorcycle accidents can lead to various forms of economic damages. These include:
Lost Wages: If your injuries from a motorcycle accident prevent you from working, you may be entitled to compensation for the income you’ve lost. Whether you’re an employee missing work or a self-employed individual experiencing a decline in business income, these economic losses should be factored into your claim.
Consequential Damages: Motorcycle accidents can result in additional expenses that you wouldn’t have incurred if the accident hadn’t happened. These expenses might include pharmacy costs for medications, transportation costs for medical treatment or rehabilitation, or any other out-of-pocket expenses directly related to your injuries.
Loss of Quality of Life:
The consequences of a motorcycle accident can go beyond just physical injuries. The accident’s impact on your overall quality of life, personal autonomy, and the ability to enjoy everyday activities can be considered when determining compensation for motorcycle injury. For instance, severe injuries may limit your ability to participate in hobbies or activities you once enjoyed, resulting in a reduced quality of life. Compensation may be sought for these intangible losses.
LONG-TERM CONSEQUENCES OF A MOTORCYCLE ACCIDENT
One of the biggest concerns of motorcycle riders with accident injuries is the possibility that they may not recover fully, as injuries suffered by motorcyclists are often long-term or even permanent.
These long-term injuries may be physical, emotional, or cognitive, and could even include paralysis, loss of a limb, or permanent scarring resulting from an injury that persists after the healing period has ended. Some examples include post-traumatic pain, aggravation of previous osteoarthritis, mobility limitations, permanent hardware such as pins or screws, loss of hearing, and emotional trauma stemming from the accident and coping with pain. So it is necessary to study each motorcycle accident case from every perspective to determine the potential value; hence the importance of hiring a personal injury attorney.
Additionally, a seasoned motorcycle accident lawyer will know to involve experts to provide evidence of your medical injuries as well as the need for and cost of future care and lost wages, as well as the loss of quality of life caused by the motorcycle accident.
Main Issues in a Motorcycle Accident Claim:
When pursuing a serious motorcycle accident injury claim, several main issues and challenges can arise that you should be aware of to ensure you protect your rights and maximize your chances of receiving fair compensation. Here’s an elaboration of the primary issues you might encounter in a motorcycle accident claim:
Police Reports:
In the aftermath of a motorcycle accident, the police typically create an accident report. However, it’s common for motorcyclists to be quickly transported to the nearest hospital due to the severity of their injuries. This might result in an inability to obtain immediate statements from witnesses at the scene.
It’s essential to reach out to the police authorities as soon as possible to ensure your side of the story is included in the official report. Additionally, if there are witnesses to the accident, their statements can be crucial in justifying what happened and establishing liability.
Hit-and-Run Cases:
In some unfortunate cases, the responsible party might flee the scene, leaving you in a hit-and-run situation. If you cannot identify the at-fault driver, you may still be eligible for compensation through your insurance policy or other means. In hit-and-run scenarios, it is especially important to work with a skilled attorney can help you navigate the complexities of insurance claims and compensation.
No Direct Collision:
Some motorcycle accidents may not involve a direct collision between the motorcycle and the opposing vehicle. This can be especially complex when it’s challenging to determine who was responsible for the accident. In such cases, it becomes even more crucial to identify witnesses to the events to demonstrate the responsibility of the motorcycle driver and opposing vehicle. An experienced attorney can assist in gathering the necessary evidence and witness statements to support your claim.
Insurance Companies:
Dealing with insurance companies can be a daunting task. They are there to protect their own interests, which may not involve providing you the full compensation you deserve. It’s not uncommon for an insurance company or adjusters to offer lowball settlements or employ delay tactics in the hope that you’ll accept a less favorable settlement. Having an attorney who understands the tactics used by insurance adjusters is invaluable. They can negotiate on your behalf and counter these tactics, working to ensure you receive the compensation that accurately reflects the extent of your injuries and damages.
Complicated Damages:
The damages involved in a motorcycle accident can be complicated to quantify and document. These include economic damages, such as lost wages and additional expenses incurred due to the accident. They also encompass non-economic damages, such as pain and suffering, loss of enjoyment of life, and mental anguish. An experienced attorney will help you document and assess the full scope of these damages and ensure they are properly considered in your claim.
Comparative Negligence:
In some cases, the issue of comparative negligence may arise. This means that both parties involved in the accident may share some degree of responsibility. Nevada follows a modified comparative negligence rule, which means that your compensation can be reduced in proportion to your level of fault. An attorney can help protect your interests and minimize the impact of comparative negligence on your claim.
The Role of an Experienced Motorcycle Accident Lawyer
Dealing with insurance companies and pursuing the compensation you deserve can be a complex and challenging process. This is where an experienced motorcycle accident lawyer comes into play. Here’s how they can assist you:
Negotiation:
Your lawyer will skillfully negotiate with insurance companies and at-fault parties to secure the compensation you rightfully deserve. They are well-versed in the tactics often employed by insurance adjusters, including lowball offers and delays in claims processing. With this insight, your attorney can be your steadfast advocate, working diligently to protect your interests and ensure that you are not taken advantage of during the negotiation process. This involves countering any attempts to minimize your claim and fighting for the compensation that truly reflects the extent of your injuries and losses.
Legal Expertise:
Drawing upon their extensive legal expertise, an experienced attorney becomes your invaluable resource for understanding Nevada’s motorcycle accident laws and the intricacies of personal injury cases. Nevada’s legal landscape can be intricate, with specific regulations and statutes that can significantly impact your claim. Your attorney’s familiarity with these laws, including issues like comparative negligence and statutes of limitations, enables them to provide you with expert guidance and ensure that your personal injury case is positioned for the best possible outcome. They can navigate the complexities of the legal system on your behalf, making sure you follow the correct legal procedures and adhere to critical timelines.
Gathering Evidence:
In building a strong case, your lawyer will meticulously collect and present compelling evidence that supports your claim. This may include medical records detailing your injuries, treatment, and prognosis, expert opinions, as well as statements from witnesses who can corroborate the events surrounding the accident. Your attorney will also gather accident reports, which often contain crucial information, including details of the accident scene, police assessments, and any citations issued. This evidence serves as the foundation of your case, helping to establish liability and demonstrate the extent of your injuries and damages. The presentation of a well-documented case strengthens your position in negotiations or in court.
Fighting for Fair Compensation:
Your attorney is your dedicated advocate, committed to fighting for the fairest compensation possible. This encompasses various aspects of your claim, including medical bills, which should be fully covered to ensure you receive the necessary care for your recovery. It extends to future medical expenses, such as rehabilitation or ongoing treatments, which your attorney will work to include in your compensation package. Lost wages, reflecting the income you’ve missed out on due to your injuries, will be vigorously pursued to help you regain your financial stability. Furthermore, your attorney will fight for compensation for your pain and suffering, as they understand the physical and emotional toll these experiences can have on your life. Their goal is to ensure that you receive a comprehensive settlement that not only covers your immediate expenses but also secures your future well-being.
HIRE AN EXPERIENCED MOTORCYCLE ACCIDENT LAWYER FOR THE FAIREST COMPENSATION!
If you’ve been in a motorcycle accident, and are looking for a motorcycle accident lawyer, contact the Bourassa Law Group, an expert personal injury law firm in Nevada with years of experience resolving motorcycle accident cases.
The motorcycle accident lawyers at Bourassa Law Group will fight on your behalf to get you the fairest compensation you deserve.
Call 800-870-8910 or click here to contact us now.
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