Wisconsin motorcycle accidents often cause devastating injuries, high medical costs, and weeks or months of lost work. Many riders’ first question after a crash is, “How much is my case worth?”
The truth is, every case is different. Motorcycle accident settlement amounts depend on many factors, like the severity of your injuries, the insurance available, and who caused the crash. An experienced injury attorney at a motorcycle accident law firm can determine how much you might be entitled to receive and fight for every cent.
Factors That Affect a Motorcycle Accident Settlement in Wisconsin
No two motorcycle accident cases are the same. Even when two riders’ injuries seem similar, their settlement amounts may vary widely. Some factors that can affect your settlement amount in a motorcycle accident claim include:
- Fault – Fault and whether you share responsibility for the collision are crucial factors in motorcycle accident cases. In Wisconsin, if an injured party (motorcycle rider) shares blame for an accident, their compensation is reduced by their percentage of fault. For example, if you’re 20 percent at fault for the accident, your settlement is reduced by 20 percent. However, you usually can’t recover compensation if you’re 51 percent or more at fault. Insurance companies may use this rule to reduce your compensation or deny your claim.
- The Severity of Your Motorcycle Accident Injuries – More severe or permanent injuries often result in higher settlements because you have greater medical needs and are more likely to experience long-term effects.
- Length and Type of Medical Treatment – Your medical expenses are a significant portion of your motorcycle accident settlement. Extensive surgeries, physical therapy, and long recovery times can all increase your compensation amount.
- Available Insurance Coverage – The other party’s insurance coverage can limit how much money is on the table. However, you can sue a driver (or another liable party) directly if they exhaust their insurance coverage. An attorney can also help you look for additional parties to sue for additional compensation.
- Strength of the Evidence – Photos, witness statements, police reports, and medical records all help show what happened and prove the extent of your injuries. The more evidence you have, the stronger your case.
- Whether You Have Legal Representation – Insurance companies tend to offer higher settlements to motorcycle accident victims when an experienced attorney is involved.
Filing a Motorcycle Accident Personal Injury Claim
Once you seek medical care, report the accident, and speak to a lawyer, the next step is to build your personal injury claim. Your attorney will begin by gathering evidence, such as the police report, medical records, photos, and witness statements, to show how the crash happened and how it affected you. They may also consult experts to help prove who caused the accident or explain the extent of your injuries.
Next, your lawyer will send a demand letter to the insurance company. This letter outlines what happened, how badly you were hurt, and what compensation you’re seeking. The insurance company will review the claim and either accept, deny, or make a counteroffer. From there, both sides may negotiate to reach a fair settlement.
If a fair deal isn’t possible, your lawyer may file a lawsuit and prepare to take your case to court. Many cases still settle before a trial happens, but your lawyer might take your case to trial if the other side continues to dither. If necessary, your attorney will present your case to a judge or jury, who will decide if you’ll receive compensation and, if so, how much.
Motorcycle Accident Pain and Suffering Settlement: How Is It Calculated?
Your pain and suffering are more challenging to measure than losses like medical bills or lost wages. There are two common ways to calculate it.
One method is the multiplier method, in which your total financial losses – like medical expenses, lost income, etc. – are multiplied by a number between 1.5 and 5. The more severe and long-lasting your injuries are, the higher the multiplier.
The second method is the per diem method, which assigns a daily dollar amount to your pain and suffering. That amount is then multiplied by the number of days you’ve been hurt or recovering. Both methods are just tools to help estimate your claim’s value, and an insurance company or court may adjust the final compensation amount based on the details of your case.
When to File a Motorcycle Accident Lawsuit in Wisconsin
It’s best to contact a motorcycle accident lawyer as soon as possible after a collision so they have plenty of time to build a strong case. But no matter when you talk to a lawyer, you have three years from the crash to file a lawsuit, or you lose your right to compensation.
People Also Ask
Here are some of the most common questions we get about motorcycle accident settlements in Wisconsin:
How long does a motorcycle accident settlement take in Wisconsin?
It depends on the case. Some cases wrap up in a few weeks or months, while others, especially those involving severe injuries or complicated liability disputes, can take a year or longer. No matter how long your case takes, staying patient and trusting your lawyer is crucial to recovering maximum compensation.
What is the average motorcycle accident settlement amount?
There’s no one-size-fits-all answer. Motorcycle accident settlements can range from a few thousand dollars to hundreds of thousands, depending on your medical bills, lost income, property damage, and the long-term effects of your injuries (if any). In general, though, more severe injuries correlate with higher settlement amounts.
Can I get compensation for pain and suffering in a motorcycle accident settlement?
Yes, Wisconsin law lets you seek money for both physical pain and emotional distress resulting from a motorcycle crash. This compensation is separate from money for your medical bills or lost wages and can be a significant portion of your total settlement.
Should I accept the first settlement offer from an insurance company?
Usually not. Insurance companies often start with a low offer to see if you’ll settle quickly. An experienced attorney can help you understand what your case is truly worth and whether the offer is fair.
Contact Our Wisconsin Motorcycle Accident Attorneys for Help
Attorney Andrew Schwaba and the Schwaba Law Firm team understand your need for fair compensation after a Wisconsin motorcycle accident. We know how to fully evaluate your losses and fight the insurance companies for a reasonable deal. Call now or complete our contact form for a free consultation.
