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How Are Fair Motorcycle Accident Settlements Calculated?

Posted by Hopkins Law Firm | Jul 19, 2022 | 0 Comments

What Is A Fair Settlement For Motorcycle Accidents

The fair settlement for motorcycle accidents will be the settlement that recovers all deserved compensation for damages and losses to the injured parties. There is no set amount for motorcycle accident settlements, but injured parties can expect medical costs, lost wages, and recovered pain and suffering. These damages will generally amount to several thousand dollars, if not tens of thousands of dollars.

South Carolina is an at-fault state with comparative negligence laws. That means that the party that is most at fault in a motorcycle accident will be held the most liable and be most responsible for the damages incurred.  A free consultation with a motorcycle accident attorney can help you get a good idea of what to expect for a fair settlement for your motorcycle accident.

How Are Fair Motorcycle Accident Settlements Calculated?

Motorcycle accident settlements are calculated according to the damages incurred, which is the case in the law and with insurance companies.

Most motorcycle accident settlements with a personal injury attorney are calculated according to the following costs:

  • Medical costs – medical bills today and in the future, if needed
  • Economic losses – lost work while recovering and in the future, if you are unable to return to work
  • Pain and suffering and mental anguish – the law provides a value for the time you spend in emotional distress
  • Punitive damages – if the other party was severely negligent or reckless, the law may provide damages as punishment alone

The most essential part in determining the fair settlement for a motorcycle accident is determining who was at fault.

Determining Fault in a Motorcycle Accident

South Carolina is an at-fault state, meaning the party most responsible will be held liable for the damages. South Carolina is also a comparative negligence state for crashes, meaning if you are found to be slightly responsible or less than 50 percent responsible, you may be held accountable for that percentage.

Your partial responsibility gives the defendant the right of contribution on your part. That same right applies to you if the fault line doesn't go your way during the settlement process.

The best way to get the fairest settlement for a motorcycle accident is to document everything possible and keep a fair record and pain journal of all events after the accident. Handle communications promptly or have a motorcycle accident attorney handle the matter for you since doing so will ensure the fairest settlement for your motorcycle accident.

Contact a South Carolina Motorcycle Accident Attorney Today for the Most Fair Settlement

When you have been in a motorcycle accident, insurance companies and other parties may try to settle quickly to avoid putting fault on a legal record. Don't accept any settlement offers until you have had them reviewed. Contact the Hopkins Law Firm at 843-314-4202 for a free review of your case to ensure you get the fairest settlement for a motorcycle accident.


What is the most likely settlement for my motorcycle accident?

The most likely settlement is difficult to determine on the question alone. If you receive medical costs and lost wages awards, your claim could be worth well over several thousand dollars.

Is medical attention necessary if I am not injured?

You may not need medical attention at all, but it's good to get checked out. If you don't seek medical attention right away, see a doctor the next day with less stress and immediate trauma. Adrenaline will be lower the next day, and you may find pain that you did not have immediately after the accident. If you are pursuing settlements, seek medical attention. Do not talk to your insurance company until you do if you experience medical problems even after the accident when you suspected nothing was wrong.

Can I meet a lawyer in the evenings or on weekends?

If you are in the hospital or unable to meet a lawyer during business hours, we come to you wherever you are, whenever you need us.

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When you have to go to court, you want to know your lawyer will fight for you so you get the best possible outcome. Here at Hopkins Law Firm, our team of personal injury, family law, and criminal defense lawyers has the experience and insights needed to help you present your best case. Our team has helped many clients to protect their future. With locations in Charleston, Pawleys Island, and Myrtle Beach, we can make sure you get the counsel you need anywhere in South Carolina.