What is a Motorcycle Accident Settlement?

If you suffer an injury in a motorcycle accident, the “at-fault” driver is responsible for paying damages. When you seek these damages in a motorcycle accident claim, the insurance company will likely want to settle the case out of court. This is often advantageous for insurance companies because it saves them litigation costs. They also hope to get motorcycle accident victims to agree to lower compensation overall.

A motorcycle settlement is an agreement between the injured motorcyclist and the “at-fault” insurance company. This agreement resolves the dispute and releases the responsible party from further liabilities. In turn, the injured party receives a set amount of money to compensate them for their expenses and losses and the pain and suffering they endured.

When you agree to a settlement after a motorcycle accident, you cannot seek more compensation in the future.

Both parties must go through the motorcycle accident settlement process to reach a fair settlement.

Going through the legal process is significantly easier with an attorney working for you. The process includes:

  • Filing a claim with the insurance company
  • Pre-suit investigations and case building
  • Initial settlement offer
  • Counteroffers and negotiations
  •  Settlement agreement

What Factors Affect a Motorcycle Accident Settlement?

Many factors can impact the amount of money you receive in a motorcycle accident settlement, including:

  • The severity of your injuries
  • Who is at fault
  • Long-term disabilities
  • Whether you can return to work or continue in your profession
  • The emotional distress or pain and suffering you endured
  • The location of the accident
  • The amount of insurance coverage the “at-fault” driver carries

One of the essential factors in determining your settlement is the severity of your injuries. If you suffered severe injuries in a motorcycle accident, you could expect to receive more money than if you sustained minor injuries. Why? Because severe injuries require extensive medical treatment and may prevent you from working or participating in activities.

Another factor that will impact your settlement is whether or not the other driver was at fault for the accident. If the other driver was clearly at fault, you could expect to receive more money than if the accident was partially your fault.

Finally, the location of the accident can also impact your settlement. Collecting compensation is more complicated if the accident occurred in a state with no-fault laws. However, if the accident happened in a state with fault laws, you can sue the other driver and receive compensation for your injuries and damages. Fortunately, Arkansas is an at-fault state.

Each of these factors can impact the money you receive in a motorcycle accident settlement. If you suffered an injury in an accident, you must speak with an experienced motorcycle accident attorney to understand your options and get the best possible settlement.

Determining the Degree of Fault in a Motorcycle Accident Settlement

When two or more parties get into a motorcycle accident, insurance companies will look to assign a percentage of fault to each party. This percentage of fault will determine how much each party will pay for damages. The higher the percentage of fault, the greater the responsibility for damages.

In most cases, the insurance company bases the percentage of fault on the police report. The police report contains information about who caused the motorcycle accident. If the police report is unclear, the insurance company will consider other factors when determining fault. These include witness statements, vehicle damage, and video camera footage.

Once the insurance company assigns a percentage of fault, they use this information to determine the settlement they will offer.

It is important to note that insurance companies do not always agree on who was at fault for an accident. If there is disagreement, hiring an experienced Arkansas motorcycle accident lawyer is vital to negotiating a fair settlement.

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Will an Insurance Company Settle if I Was at Fault?

Even if you believe you contributed to the motorcycle accident, you can still file a claim and reach a settlement. Arkansas is a modified comparative negligence state. If you 49% responsible or less for the motorcycle accident, you can still recover compensation for your injuries and damages. However, your settlement will get reduced by your percentage of fault.

For example, if the court finds that you were speeding at the time of the motorcycle crash, they may find that you are 10% responsible for the accident. If you receive a settlement of $10,000, your award will get reduced by $1,000 (or 10%).

You can’t collect compensation and settle if you caused the accident and are more than 50% responsible for the crash. In this case, you’ll have to turn to your health insurance or auto insurance policy to see what money you’re entitled to.

This is why you need to contact an experienced Arkansas motorcycle accident attorney. Your attorney will examine your case to prove liability. If the insurance company claims you’re to blame, your lawyer may find evidence to show otherwise. In some cases, multiple parties can share the blame, further increasing the settlement you receive.

How Does My Lawyer Start Settlement Discussions?

Your motorcycle accident attorney will begin by investigating your accident and determining the true extent of your injuries. To do this, they may involve medical experts, forensic specialists, and accident reconstruction teams. They will begin the settlement discussions when they determine how much compensation you deserve.

Settlement negotiations usually begin when your lawyer sends a demand letter to the “at-fault” motorist’s insurance company. This demand letter typically includes the compensation you want and the evidence required to support this claim.

The insurance company will then review the demand letter and decide whether to accept this claim, reject it, or make a counteroffer. Most insurance companies will make a counteroffer to your claim and offer you an alternative settlement number. It will be up to you to determine which settlement offer to accept. However, your motorcycle accident attorney will be there to advise you of your options and help you choose the best offer.

How to Calculate Your Motorcycle Accident Settlement?

After an Arkansas motorcycle accident, you might wonder how to calculate your settlement. After all, how will you know if the insurance company’s offer is fair without calculating your own?

You must keep certain variables in mind when calculating a motorcycle accident settlement. Some of those variables include your injury severity, the cost of medical treatment, and the extent of your lost wages.

A few additional factors can make your settlement calculation more complex, such as whether the other driver was at fault and whether you and the other driver have insurance. If the “at-fault” driver has few assets and limited insurance, the amount of compensation you receive will be less. Even if your case went to trial, it is difficult to collect the total amount of the verdict from someone with limited assets.

Valuing a motorcycle accident claim is complex and requires experience and knowledge. It also means figuring out what you might get if your claim went to court.

To get a more accurate settlement calculation, it’s best to speak with a personal injury lawyer with experience handling motorcycle accident cases. They can help you understand the complexities of the legal process and ensure that you receive the full amount of compensation you’re entitled to.

How Much Is a Fair Settlement for a Motorcycle Accident?

Every motorcycle accident case is different. As such, the amount of your settlement will vary widely. The best settlement for you will consider all the losses you suffered, both economically and non-economically, including:

  • Medical expenses
  • Long-term care
  • Lost wages
  • Loss of future earnings
  • Pain and suffering
  • Emotional distress
  • Lost quality of life
  • Disability
  • Property damage

Although rare, in some cases, courts may award punitive damages.

A fair settlement depends mainly on how much money you need to recover or rebuild your life. If you face lifelong disabilities that prevent you from working, you will need significantly more compensation than someone who can return to work quickly.

At Rainwater, Holt & Sexton, our Arkansas motorcycle accident attorneys work with medical teams to determine how your injuries will affect your life and future. We then use this information to make sure any settlement offer you receive is fair and provides enough money to rebuild your life after a devastating motorcycle crash.

Motorcycle accident settlements can range from several thousand dollars to millions. Soft tissue injuries will settle for significantly less than catastrophic injuries, such as brain injuries.

To better predict how much your accident settlement is worth, it is crucial to contact an experienced and skilled motorcycle accident lawyer.

Average Motorcycle Accident Settlement for Back & Neck Injuries?

The amount of money you can expect from a neck or back injury settlement will depend on many factors, including the severity of your injuries, medical expenses you have incurred, and the extent of lost wages you have suffered.

It is important to remember that most insurance companies will not pay out more than their policy limits. Therefore, it is important to consult an experienced Arkansas motorcycle accident lawyer to determine your best course of action.

At Rainwater, Holt & Sexton, we’ve helped recover millions for injured bikers. Back and neck injuries can quickly become chronic and result in lifelong impairment. Any motorcycle accident settlement must include enough money to pay for future rehabilitation and surgical procedures required.

Average Motorcycle Accident Settlement for Brain Injuries?

At Rainwater, Holt & Sexton, we helped injured motorists and motorcyclists recover millions after serious accidents. Brain injuries are some of the most severe and life-changing injuries. As such, settlements are significantly higher.

Here are just some of our brain injury cases:

  • $1,215,000 for a head injury
  • $700,000 for a brain injury
  • $500,000 for a brain injury and fractures


Average Motorcycle Accident Settlement for Bone Fractures

At Rainwater, Holt & Sexton, we’ve helped injured motorcyclists after suffering serious fractures. Here are just some of our most recent settlements and verdicts.

  • Motorcycle Accident – $1,500,000 – Broken leg w/head injuries
  • Motorcycle Accident – $125,000 – Broken Leg w/ Surgery
  • Motorcycle Accident – $75,000 – Broken Ankle and Leg
  • Motorcycle Accident – $70,000 – Broken Ankle, Road Rash

Average Motorcycle Accident Settlement for Wrongful Death

In Arkansas, families can file wrongful death claims against negligent parties. These claims seek compensation for the losses they’ve suffered and will endure due to the loss of their loved one. Compensation for wrongful death can include loss of companionship, financial support, and pain and suffering.

At Rainwater, Holt & Sexton, we were able to help a grieving family collect $400,000 after they lost a loved one in a motorcycle accident. This is just one example of the type of settlement you might receive. Call our office to set up a free consultation, and we can give you a more accurate estimate of what your case might be worth.

Average Motorcycle Accident Settlement for Soft Tissue Injuries

A soft tissue injury might not seem like a severe and life-long injury, but this is untrue. Soft tissue injuries can result in a lifetime of pain and suffering. Insurance companies may wish to play down the severity of soft tissue injuries or claim that your injuries are minor.

Suppose you are considering filing a personal injury claim. In that case, it is important to speak with an experienced attorney who can help you understand the value of your case and what you can expect to receive in terms of compensation.

How Long Does it Take to Settle a Claim?

It can take months or even years to reach a motorcycle accident settlement. Depending on the severity of the injuries and the accident details, your attorney may need to make several offers and counteroffers before getting a fair settlement.

The accident settlement process is influenced and affected by several factors:

  • Severity of injuries
  • Degree of responsibility and liability
  • Multiple parties involved
  • Evidence gathered and strength of the case
  • Long-term disabilities or impairment
  • Legal counsel and power of negotiating experience
  • How quickly you wish to settle
  • The insurance policy

Insurance companies will look to reduce their payouts as much as possible. They may question your injuries, the policy limits, and the liability of all parties. During this process, your motorcycle accident attorney will work tirelessly to protect your rights at every turn.

What Factors Help You Decide Whether or Not to Settle a Claim?

Like most injured motorcyclists, you will want to know whether or not to accept the insurance company’s settlement offer. Your attorney will help you evaluate the settlement offer and determine whether it is fair and reasonable. If your Arkansas motorcycle accident lawyer believes that your case will win in trial, your attorney may advise you not to take the settlement.

In general, it might be a bad idea to settle if:

  • Long-term expenses or complications are not factored into the settlement amount
  • Property damage claims don’t cover all your losses
  • Your injuries haven’t reached maximum medical improvement or recovery
  • Your lawyer believes you can get more money by going to trial

Contact Our Arkansas Motorcycle Accident Lawyers

Motorcycle accidents often result in severe and life-changing injuries. You need a law firm on your side that can go head-to-head with insurance companies – and win. At Rainwater, Holt & Sexton, our Arkansas motorcycle accident lawyers have what it takes to do just that.

With nine offices in Arkansas and Tennessee – Little Rock, Little Rock-Corporate Hill, Springdale, Conway, Hot Springs, Bryant, Jacksonville, Jonesboro, and Memphis—our Arkansas and Tennessee motorcycle accident lawyers are easily accessible when you need us. Contact Rainwater, Holt & Sexton Injury Lawyers today. Fill out a free contact request form, which only takes a minute, or dial (800) 434-4800 and tell us your story

We’re here to help.

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