a motorcycle accident with the helmet on the road

What Is the Average Settlement for Motorcycle Accidents in New Jersey?

Sadaka Associates Serious Personal Injury Leave a Comment

Accidents involving motorcycles can cause severe injuries. As a result, people who are injured in motorcycle accidents may receive a large settlement.

Several factors affect the potential recovery you can get from a motorcycle accident. Since each accident has different circumstances leading to the event and different injuries, the settlements are also unique.

Below, we will go over the average settlement size for motorcycle accidents in New Jersey. We will also discuss some of the factors that can affect the settlement so that you can make an educated estimate if you are ever involved in a motorcycle accident.

Average Settlement for Motorcycle Accidents

A typical settlement for a motorcycle accident will cover pain and suffering, lost wages, and medical bills. Settlements can also cover things like the repair or replacement of property as well as damages related to physical impairments or disabilities.

To calculate the settlement cost, lawyers need to calculate the costs associated with each of these categories. Since the settlement is dependent on so many factors, this can be a complicated process, and no two cases are the same. The best way to find an average settlement cost is by type of injury. Typically, accidents that result in the same injuries have similar settlements.

Everyone wants to know “what is my case worth” and the answer to this question, like much of law, is not straightforward. There are a number of factors that go into the value of a case:

  1. Past and future medical expenses
  2. Past and future pain and suffering
  3. No longer being able to work or lost earning capacity (can still work but not as much)

Those are just some of the factors that go into the valuation of any case, including motorcycle injuries.

Average Settlement by Type of Injury

Since there is so much variety in terms of settlement amounts, it doesn’t make sense to name one average amount. The best way to estimate an average motorcycle accident settlement amount is to calculate the amount by type of injury. Outliers like severe traumatic injuries and small discomforts will skew the average and therefore won’t give any useful information.

If you or a loved one were involved in a motorcycle accident, determine what injuries the motorcyclist had, and then look through the categories below to find an average settlement number or payment range for that type of injury.

Head and Brain Injuries

Injuries involving the head or brain are the most common and can be the most severe. These injuries are especially common in situations where the motorcyclist was not wearing a helmet. Head injuries can be as mild as a concussion or as severe as permanent brain damage.

All head injuries have significant medical bills associated with them, even for a mild concussion. Since head injuries can be so severe and debilitating, doctors usually take extra precautions, which can lead to higher medical bills. If the patient requires rehabilitation or has lasting disabilities because of the accident, the bills and the pain and suffering damages associated with the settlement will be extremely costly.

Since there are so many types of head injuries that range in severity, there is not just one average number or range for this category. Rather, we have broken down the average cost of the settlement by the severity of the injury.

If the motorcyclist received a concussion in the accident, they will can receive hundreds of thousands to millions depending on the severity.

Patients with brain injuries can get millions of dollars in recovery based on lots of factors, including their ability to work and provide for their families. .

Shoulder and Chest Injuries

man having a chest and hand injury assisted by a medic

Shoulder and chest injuries are common in motorcycle accidents. Dislocated or shattered shoulders as a result of a motorcycle accident can cause significant pain and take time to heal. Chest injuries like broken ribs can lead to other injuries like punctured lungs, which can be fatal.

Chest and shoulder injuries range in severity and therefore also have different payout costs. In general, someone with a shoulder or chest injury from a motorcycle accident will receive a large recovery in more severe cases.

Leg and Ankle Injuries

Leg and ankle injuries are common in motorcycle accidents because the rider’s legs are the closest body part to the pavement. The legs can break from being dragged on the pavement and can become stuck beneath the motorcycle. Another common leg injury in these types of accidents are ankle related injuries.

Leg and ankle injuries are common in motorcycle accidents but range in severity. Someone that tore a ligament in their ankle can recover larger payouts.

Spinal Injuries

Like the other injury categories that we have mentioned, spinal injuries can vary in severity, though all are expensive to treat. Herniated discs are common and can cause pain and discomfort. Payouts for herniated discs can be anywhere from $100,000 to $350,000 since they could require surgery and a long recovery period.

More severe spinal injuries include paralysis and can affect the patient’s cognitive functioning as well. Injuries of this severity will likely be closer to those of severe brain injuries. Again, a “value” for this type of injury really comes down a number of factors as explained above:

  1. Past and future medical expenses
  2. Past and future pain and suffering
  3. No longer being able to work or lost earning capacity (can still work but not as much)

Whiplash

Whiplash is a common injury in motorcycle accidents. Whiplash from motorcycle accidents is often more severe than whiplash from regular car accidents. Headrests in cars are designed to prevent severe whiplash, but most motorcycles do not have them.

Road Rash

Road rash is another injury that ranges in severity and is mostly unique to motorcycle accidents. Road rash happens when a person slides or drags their skin against the pavement, which is common in motorcycle accidents if the driver falls off their bike.

Road rash can be as mild as a few scrapes and cuts but can be severe enough to cause nerve damage. The payout cost for road rash injuries depends heavily on the lasting effects of the injury. More severe cases can lead to a potential recovery in the millions depending on the severity.

What Can Affect a Motorcycle Accident Settlement?

Now that you have an idea of what the payout from a motorcycle accident might be, it is important to know the factors that can affect the settlement. Every single motorcycle accident is unique and has different circumstances. These all come together to create a unique payout.

The Severity of Pain and Suffering

As we said before, the settlement usually comes down to pain and suffering, lost wages, and medical bills. Lost wages and medical bills are very easy to calculate. However, pain and suffering can be a bit tricky, since you have to assign a dollar amount to someone’s emotions.

In general, the amount received for pain and suffering is affected by the process and length of time for recovering from the injuries received in the accident. It can also be affected by other factors of the incident. For example, if there was a fatality in the accident and someone had to witness it, their pain and suffering are increased. Similarly, there is more pain and suffering if someone loses a fetus in the accident.

All of these extenuating factors can impact the person’s pain and suffering and can therefore lead to a higher payout.

Determining Who Was at Fault

a police assesing the situation about a car and motorycle accident

Another important factor to consider when settling is determining who was at fault in the accident. Some accidents have a clear at-fault driver, but others have more complicated circumstances.

Accidents caused by obstacles in the road or inclement weather usually don’t have a party that is more at fault than the other, so figuring out who has to pay can be tricky. Accidents caused by reckless or distracted driving or lane splitting are a bit easier to figure out.

In any case, it will strengthen the case and make it easier to reach a settlement agreement if there is evidence about who caused the accident.

Evidence

Evidence, or lack of evidence, is another factor that can impact the settlement. In a case with no proof of who might have caused the accident, law enforcement and attorneys only have eyewitness accounts and the scene of the accident to help them figure out what happened.

Evidence in the form of dashboard cameras can be extremely helpful in helping to determine who is at fault and can help all parties come to a settlement agreement.

How Long Does It Take to Reach a Settlement After a Motorcycle Accident?

Depending on the available evidence and the complexity of the accident, reaching a settlement can take months or years. The process requires all parties to determine the severity and cost of their injuries and recovery. If the case goes to trial, the patient might not receive any money from the settlement until their treatment and recovery are over.

If you are involved in an accident like this, you can consult with an attorney, who can help you estimate how long it will take to reach a settlement.

Contact Us Today

The best way to get an accurate estimate for your payout in a motorcycle accident is to consult with an attorney. The attorneys at the Law Offices of Sadaka Associates are ready to answer any questions you may have about a motorcycle accident settlement. Call 1-800-810-3457 to speak with an attorney today.

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