How Much Is My Motorcycle Accident Claim Worth in Virginia?

How much is a motorcycle accident claim worth in Virginia? That’s a common question, but there’s no way to give a generic answer. Every motorcycle accident is different, with varying circumstances and severity of injuries. Talking with a motorcycle accident lawyer is the best way to find out what your claim is worth.

To get a general idea of what to expect, consider the factors used to determine the value of a settlement, the types of losses that might be included, and how your attorney will calculate motorcycle accident damages.

What Factors Are Used to Determine the Value of a Virginia Motorcycle Accident Settlement?

Fault is the first factor you should consider. If the other driver is unquestionably at fault for the motorcycle crash, you could be entitled to a settlement or award. Virginia courts bar the injured person from receiving any compensation if they share even a little fault for the accident. The concept is known as contributory negligence. If the question of fault is ambiguous, the insurance company is unlikely to offer a significant settlement amount. However, if your personal injury lawyer can collect evidence and prove that the other driver is solely responsible for the accident, the insurance adjuster will be more strongly motivated to settle out of court.

Virginia’s minimum auto liability requirements may also affect your settlement’s value. Virginia drivers must currently carry $30,000 coverage for injury to one person, $60,000 for bodily injury per accident, and another $20,000 for property damage. If the driver carries more coverage than the required minimum, making a more significant claim may be easier. If they do not, you may be able to pursue compensation under your auto insurance policy’s underinsured motorist (UIM) coverage.

Another factor is your economic losses, including medical expenses and lost income. You can get a general sense of the value of your claim by adding up all your economic losses. Don’t forget to include future medical expenses, lost wages, and diminished earning capacity. Non-economic losses are intangible losses, like pain and suffering, and so they are less easy to assess. However, an experienced motorcycle accident lawyer can analyze these and assign a value.

Finally, you should consider whether you can claim punitive damages. Virginia law allows punitive damages if the driver was significantly intoxicated or their actions showed willful and wanton negligence. A Roanoke motorcycle accident lawyer can let you know whether punitive damages are a possibility in your case.

What Are the Different Types of Damages That Might Be Included in a Motorcycle Accident Claim?

A motorcycle accident claim can pursue both economic and non-economic damages. Economic damages that might be included in a motorcycle accident settlement include:

• Medical expenses
• Future medical expenses
• Lost wages
• Lost earning capacity
• Property damage

Non-economic damages include:

• Pain and suffering
• Inconvenience
• Disfigurement, humiliation, and embarrassment caused by your injuries

How Are Motorcycle Accident Damages Calculated?

Motorcycle accident settlements are usually calculated by adding up economic losses, and then using that sum to generate a figure for non-economic damages. The process often looks something like this:

• Add up all your medical bills for previous treatments.
• Estimate your future medical bills and add that figure to the total.
• Add your lost wages from time missed at work.
• Estimate your future lost income from diminished earning capacity and add that to the total.
• Add the value of damaged property, such as your motorcycle.
• Use that sum to calculate your non-economic damages, such as pain and suffering damages. This process may involve using a multiplier, a per diem formula, or another method.
• Add the non-economic damages to the total for economic losses to determine the full value of your claim.

Does Virginia Have Caps on Personal Injury Settlements?

Virginia does not cap damages in most personal injury cases, so in theory, there is no ceiling on the damages you can claim in your motorcycle accident case, assuming you can support your claims with evidence. That is true not only of personal injury claims but of wrongful death cases, where Virginia law specifies that the court may award any damages it considers fair and just.

One significant exception involves medical malpractice claims. Virginia law caps the maximum amount of compensatory damages in medical malpractice cases.

Virginia also imposes a cap on punitive damages. This isn’t a factor in most personal injury cases, as courts rarely award punitive damages. However, if your case does involve punitive damages, Virginia caps these at $350,000.

How Can I Maximize My Compensation After a Motorcycle Accident?

You can maximize your compensation after a motorcycle accident by avoiding common errors:

• Don’t delay seeking medical treatment.
• Don’t say anything to the other driver or the insurance company that implies you were at fault.
• Don’t post anything about the accident on social media, as insurance companies often check social media for anything they can use against you.
• Don’t accept the insurance company’s first settlement offer.
• Don’t wait to contact a motorcycle accident attorney from Lichtenstein Law Group PLC.

After an accident, you should:

• Take photos of the accident scene, damage to your motorcycle, and your injuries, if possible.
• Go to the emergency room or your doctor for an examination as soon as possible after the crash, even if you don’t think you have symptoms at first.
• Do everything your doctor asks you to do, completing all rehabilitation therapy.
• Keep all medical bills and insurance documents.
• Request copies of all medical tests and doctor’s reports.
• Request copies of the police report.

Our Virginia motorcycle accident lawyers are ready to help you handle every aspect of your motorcycle accident claim.

Contact a Virginia Motorcycle Accident Lawyer

One of the advantages of hiring our Virginia motorcycle accident lawyers is that we can take on the stress of interviewing eyewitnesses, requesting medical records, getting copies of the police report, and other case preparations. Once we’ve completed the investigation, we can also handle negotiations with the insurance company, and if necessary, we can file a lawsuit and represent you in court.

Lichtenstein Law Group PLC is a personal injury law firm in Roanoke, Virginia. We have extensive experience with motorcycle accident cases and a history of recovering substantial settlements and awards for our clients.

We believe in negotiating from a position of strength, so we thoroughly investigate every case before discussing a settlement with the insurance company. By preparing every case for trial, we put ourselves in the best position to negotiate for a maximum financial recovery for you.

If you’ve been injured in a Virginia motorcycle accident, contact Lichtenstein Law Group PLC immediately to set up a free consultation with a personal injury lawyer.