It’s difficult to pin down the average motorcycle accident settlement in Ohio. Case values can range from a few thousand to several million dollars depending on various factors that affect settlement amounts. Therefore, if you have been injured in a motorcycle accident, your compensation could fall anywhere within that range.
At Gervelis Law Firm, we’ve achieved many six- and seven-figure results for injured motorcyclists and their families. If you or a loved one was harmed in a motorcycle crash, our attorneys can explain your legal options. Contact us today to start moving forward with a free consultation.
Factors That Influence Motorcycle Accident Compensation
Many factors can influence how much compensation you receive after a motorcycle accident.
Nature and Severity of the Injury
Severe injuries may affect your life more profoundly than minor injuries. In general, major injuries such as traumatic brain injuries, spinal cord injuries, and those requiring amputation lead to greater compensation.
Medical Expenses
The type and length of medical care your injuries require can affect your settlement amount. For example, someone needing extensive surgery and physical therapy may have a higher settlement amount than someone only requiring a few doctor’s visits. Your compensation should cover both past and future medical expenses, such as hospitalizations, medications, and durable medical equipment.
Lost Wages and Diminished Earning Capacity
The longer you’re out of work, the more money you lose. Each day you couldn’t work due to your injuries increases your settlement.
In some cases, your injuries may prevent you from returning to your previous job or limit your earning potential in the future. Your age and career trajectory can affect how much you receive for these damages.
Pain and Suffering
Physical pain and suffering are compensable damages in a personal injury case. Your motorcycle accident settlement may be higher if your injuries cause chronic pain lasting beyond the initial recovery period.
Emotional Distress
Emotional suffering, such as anxiety, depression, and post-traumatic stress disorder, or PTSD, can also increase your compensation.
Liability and Fault
Ohio is an at-fault state for motor vehicle accidents, meaning the driver who caused the crash is responsible for the damages. To recover compensation, you must prove that someone else was negligent and caused your injuries.
The extent to which each party is responsible can influence how much money you receive. Ohio’s modified comparative fault law allows you to recover compensation if you’re less than 51 percent at fault. However, your share of the fault reduces your settlement amount proportionately. For example, if your damages are worth $100,000 and you’re 10 percent at fault, you’ll receive $90,000.
Many factors can affect your percentage of fault, including whether you violated traffic laws. For instance, Ohio requires all motorcyclists to wear protective eye devices. If you didn’t wear eye protection and suffered eye injuries in the accident, you may be deemed partially at fault for your injuries. This is true even if someone else caused the accident.
Insurance Coverage
The amount of insurance coverage the at-fault driver carries may limit your compensation. You can typically only recover compensation for damages up to the at-fault driver’s liability insurance limits.
If your damages exceed the at-fault driver’s liability limits or the driver is uninsured, you may seek additional compensation through your uninsured motorist or underinsured motorist coverage. Since Ohio doesn’t require drivers to carry UM/UIM insurance, you might not have that coverage. In that case, suing the at-fault driver and collecting directly from their personal assets may be an option.
Documentation
Strong evidence is necessary to recover the maximum amount of damages available. The more documentation you have for your losses and the at-fault party’s liability, the more compensation you can potentially receive.
Types of Damages You Can Seek in a Motorcycle Accident Case
A fair settlement for a motorcycle accident should cover the full extent of your past and future losses. The recoverable compensation includes economic damages, which cover financial losses proven through receipts, bills, and other documentation. Examples of economic damages include medical expenses, lost wages, lost earning capacity, and property damage.
Your compensation may also include non-economic damages. These reflect the accident’s effects on your quality of life, such as physical pain and suffering, emotional distress, and loss of enjoyment of life.
Additionally, you may be eligible for punitive damages if the defendant acted with malicious intent or reckless indifference to the rights and safety of others. Unlike compensatory damages, punitive damages are intended to punish the defendant and deter future misconduct rather than compensate you for specific losses. They can significantly increase your compensation if you qualify for them.
Our Firm's Successful Case Results
We’ve helped motorcycle accident victims throughout Ohio recover maximum compensation for their damages, resulting in these settlements and verdicts:
- $3,499,000 recovered for the family of a motorcyclist who died when he struck cables a cable company was installing across Depot Rd. in Toledo
- $1,400,000 recovered for a motorcyclist who suffered a traumatic brain injury when he was struck by a car that failed to yield at a stop sign and ejected from the bike
- $1,000,000 recovered for a motorcyclist who was hit by a car that made a left turn in front of him at an intersection, causing him to be ejected from his bike and resulting in multiple fractures.
How To Maximize Your Motorcycle Accident Settlement
Taking the right steps after a motorcycle crash can help you recover the most money possible for your injuries. We recommend doing the following to protect your case:
- Seek immediate medical attention. See a doctor promptly, even if you don’t feel injured. Some motorcycle accident injuries take time to develop symptoms. Early medical documentation can help you prove that the accident caused your injuries.
- Document everything. Take photos of the accident scene, including vehicle damage and visible injuries. Track your expenses, including medical bills and lost wages.
- Don’t accept early offers. The insurance company will likely offer far less money than you deserve. You have the right to decline these early offers, and it is usually in your best interest to do so.
- Understand the full scope of your damages. You may be entitled to compensation for damages you haven’t even considered. Ensure your settlement accounts for your lost earning capacity, long-term medical needs, and other future damages.
- Be open to negotiation. Extensive negotiations are often the key to a fair settlement.
- Hire an experienced lawyer. An attorney can protect you from the insurer’s tactics and negotiate a fair settlement.
What Happens if You Cannot Reach a Settlement?
Most motorcycle accident claims are resolved with a settlement. However, litigation is sometimes necessary to recover fair compensation. Our attorneys may pursue other legal avenues if we cannot reach a settlement agreement with the insurance company.
The first step in the litigation process is to file a complaint, which outlines the details of your case and the compensation you seek.
Next, both parties will enter the discovery phase. This allows each side to request and gather evidence and information that may support their case. Discovery may also include depositions, in which either side asks witnesses and experts questions under oath.
In some cases, we can even pursue mediation or arbitration to reach a resolution.
The Importance of Hiring a Motorcycle Accident Lawyer
Insurance companies put profit first. That means they’ll do everything in their power to minimize your compensation after a motorcycle accident, including tactics such as shifting blame onto you, downplaying the severity of your injuries, or convincing you that their lowball offer is the best they can do.
Our attorneys can level the playing field between you and the insurer. We’ll handle all communications to avoid manipulation attempts from the insurance company.
We can also investigate the accident to identify who’s at fault and prove their liability with strong evidence. Our knowledge of Ohio motorcycle laws can help us argue that the other party’s negligence directly caused your injuries.
In addition, we’ll calculate your damages and determine a fair case value that accounts for past and future losses. Our attorneys will negotiate with the insurance company on your behalf and pursue a favorable settlement.
Why Hire a Motorcycle Accident Lawyer at Gervelis Law Firm?
Our team has a decades-long track record of fighting for injured Ohioans and their families. Our reputation has earned us professional recognition, including Super Lawyers designations year after year.
We move quickly after an accident. Our Rapid Investigation Team will be on the scene within 24 hours after you contact us. We know what evidence to look for, what questions to ask, and how to turn that information into a strong legal case. This can make all the difference when you face the aftermath of a life-altering motorcycle injury.
Our attorneys don’t back down when insurance companies try to devalue victims’ claims. We approach negotiations aggressively and aren’t afraid to push back. We’ll keep you informed every step of the way as we work tirelessly to advocate for your best interests.
Contact Gervelis Law Firm Today
We’re here to help you understand what a fair settlement for your motorcycle accident looks like. Contact us online or call 866-792-2728 to start moving forward with a free consultation.
