Motorcycle riders face a high risk of suffering severe injuries in an accident. In Texas, riders who have been injured in a crash caused by the negligence of another have the right to compensation.
There are many factors to consider in a motorcycle accident case, with one of the main ones being whether or not you can settle at the insurance claim stage or if filing a lawsuit will be necessary. How your case will ultimately be resolved will depend upon the evidence of liability, the severity of your injuries, and the experience of the attorney representing you. However, approximately 97 percent of personal injury cases do settle without having to go to trial.
No two motorcycle accidents are ever the same, which means no two motorcycle accident settlements can be identical. As a result, it is difficult to quantify precisely how much a good settlement is valued. On average, motorcycle accident settlements are approximately $80,000.
Victims should keep in mind, however, that this is not the typical settlement, and the vast majority of claims settle for far less. Insurance policies have limits, and auto insurance companies will typically not exceed them. For instance, if a policy has 50/100, coverage limits bodily injury compensation to $50,000 per person and $100,000 per accident. If your damages exceed those numbers, you may have to look to other sources to obtain additional compensation.
A Houston motorcycle accident attorney can assess your individual case and losses to give you a better idea of what a good settlement looks like in your unique situation.
How long an accident settlement will take varies case by case, but here are the best and worst-case scenarios:
Best-Case Scenario: 30 Days — Texas auto insurance companies attempt to resolve motorcycle accident claims within 30 days. The insurance adjuster will reach out to you and evaluate your claim, including investigating your crash and determining the amount of compensation they believe you should recover. They will offer you a settlement. If you believe the offer is fair and accept it, they will require a signed release of liability before cutting your check. Once that form is received, it will typically take a week or more for the check to be mailed to you or your attorney.
Worst-Case Scenario: Months to Years — if your injuries are severe, your attorney will advise you to hold off on settling until you recover or reach maximum medical improvement (MMI). On the other hand, if liability is disputed, the insurance company refuses to settle for a fair amount, or if multiple parties are involved, you may choose to file a personal injury lawsuit. Complex cases, such as these, can take years to resolve.
Yes, you can sue for pain and suffering in Texas. Pain and suffering is a catch-all term and legally known as general damages. They are not financial losses and include anything from emotional distress to physical pain. Permanent injuries, disabilities, and an inability to work are all losses that count under this category and increase the amount of compensation you are entitled to.
When someone acts negligently and harms you, such as a reckless driver, they have legal responsibility for your resulting injuries and losses. When another party is at fault for your motorcycle accident, you can seek compensation for damages through a personal injury case. These cases are handled in civil court, and both parties typically have attorneys to represent them.
It can be frustrating to have to deal with someone else’s insurance company when you’re trying to recover from motorcycle accident injuries. With a Houston car accident attorney at your side, you can rest assured that your rights will be protected, and you will receive the compensation you deserve. Give us a call today at (888) 335-7477 for a free initial consultation.