A motorcycle accident is not something which any of us want to go through but should this kind of thing happen on the road and it wasn’t your fault, you can claim for damages. We were speaking to a personal injury attorney recently about the range of damages which are awarded in successful cases, which is what we are going to share today. If you have been injured in this kind of accident then you shouldn’t suffer in silence, and you should ensure that you speak with a personal injury lawyer which specializes in this.
Chances of Winning a Case
The average percentage of cases which are won within this area of the law is incredibly high and whilst it varies by state, more than 90% of cases are successful for the plaintiff. Much of this comes down to the expertise of the legal teams, not so much in terms of the case they present, but also the cases which they take on. Given the wealth of experience which motorcycle accident lawyers have, they can tell straight away whether or not a client actually has a case. This includes analyzing causes of sideswipe accidents and getting evidence for the case.
How Damages Are Broken Down
When it comes to the amount of damages which are asked for by the legal teams, and then the amount which a judge awards, they are broken down into three main categories. These are economic damages such as medical aid or lost wages; non-economic damages such as personal stress and potential anxiety caused by pain and suffering, and punitive damages which are usually awarded in the case of drink driving and particularly shocking behavior.
When it comes to injuries the calculation is made based on where on the body the injury is sustained and then what kind of injury was caused. Injuries are broken into 4 categories which are minor, moderate, serious but no life threatening, serious and life threatening or altering. All of this will be factored into the decision when it comes to paying out damages if the case is successful.
Average Payouts Based on Common Injuries
To give you an idea as to what sort of damages your legal team may ask for, these are the most common injuries which we see in motorcycle accidents, and what payout range we usually see.
Whiplash Injuries – Between $2,500 and $10,000
Herniated Discs – Between $100,000 and $350,000
Ankle Sprains – Average of $15,000
Shoulder Injuries – Average of $20,000
Now this is not to say that you will be guaranteed these amounts, but it is a good guide for you depending on what injuries you have sustained during the accident.
It is up to the legal team to put forth a believable case that the defendant was guilty of negligence in the events leading up to the accident. Should they be successful the judge will then award damages based on the factors which they have seen throughout the case. If you are in any doubt then be sure to contact a personal injury legal expert.