What Are Average Motorcycle Accident Settlements in Florida?Trusted Content
Legally reviewed by:Erik Abrahamson, J.D. December 10, 2022
Did you or a loved one sustain injuries in a motorcycle crash? If so, you might be wondering, how much is a good settlement for a motorcycle accidents, or are curious about the potential value of your Florida motorcycle accident claim.
If someone else’s negligence or recklessness caused your accident and injuries, you have the right to pursue compensation for your damages. You may be eligible to recover the cost of your medical treatment, lost income, pain and suffering, and more as part of your motorcycle accident settlement.
Because the value of your claim will depend on the details of your case, a Florida motorcycle injury attorney can help you determine what your average motorcycle accidents settlement in Florida might be.
How Is a Potential Florida Motorcycle Accident Settlement Calculated?
The value of your potential motorcycle accident settlement amount depends on the types of injuries you sustained and how they will affect your life in the future. If you suffered significant injuries that potentially affect your ability to work, these factors would typically increase your claim’s likely value.
If you sustained a disabling injury or if you need long-term treatment and care, you might also expect a more substantial award.
On the other hand, if you suffered minor injuries and can go back to work quickly, your claim’s value might be smaller.
Personal injury attorneys calculate the value of motorcycle crash claims based on actual damages sustained by the victim. Your damages might include:
- Medical care and treatment costs,
- Lost wages and benefits,
- Costs to repair or replace your bike,
- Pain and suffering, and
- Emotional damages.
In addition to the amount of your actual damages, the at-fault party’s level of negligence could affect the value of your motorcycle accident claim. For example, in the case of gross negligence, juries often award punitive damages to send a stronger message. Finally, your settlement amount could vary depending on whether you settle out of court or go to trial.
Most injury crash victims have the right to pursue financial, physical, and emotional damages from the at-fault party. A Florida motorcycle accident lawyer can calculate the payout value of your claim based on the facts of your case and help you recover compensation.
What factors affect the value of a motorcycle accident settlement and how much is a good settlement for a motorcycle accident?
Several factors will affect the value of a motorcycle accident settlement. As a result, while many people have questions about “average motorcycle injury settlements,” the reality is that every case is unique. Even if two accidents happen in a similar fashion and result in similar injuries, the outcomes could still be very different based on the riders’ personal circumstances (and other relevant factors).
So, if you have been injured in a motorcycle accident, what do you need to know in order to determine the value of your claim? Some of the key factors for determining motorcycle injury settlement amounts in Florida include:
Recovering financial compensation for a motorcycle accident requires proof of fault. If someone else (i.e., a negligent driver) was 100% at fault in your accident, then you are entitled to recover all of your accident-related losses. But, if you were partially at fault, then you may be entitled to less than a 100% recovery.
This is based on Florida’s law of “comparative fault.” This law states that an injured rider’s financial recovery must be reduced in proportion to his or her percentage of fault in the accident. So, for example, if you are deemed to be 25% at fault for something like exceeding the speed limit or not wearing a helmet, then you would only be entitled to recover 75% of your losses.
Of course, 75% of your losses could still be a significant amount. Additionally, as the case above shows, you cannot trust the insurance companies to accurately determine your percentage of fault. Instead, you need to rely on the advice and representation of an attorney who has your best interests in mind. There are other motorcycle laws that could come into play when determining your settlement amount as well.
Pre-Existing Medical Conditions
Auto and motorcycle insurance companies frequently try to deny coverage by claiming that riders’ injuries are attributable to pre-existing conditions. However, while a rider with a pre-existing injury may not be entitled to coverage for the pre-existing condition itself, the costs of any additional injuries or complications should generally be covered. The average settlement for pre-existing injuries greatly depends on the unique circumstances of each case.
Age At The Time Of The Accident
When a motorcycle accident has permanent consequences, the longer the rider lives, the more financial and financial costs he or she will incur. As a result, all else being equal, younger riders will have the opportunity to recover more compensation in some cases. However, as this list shows, age is far from the only factor, and we have helped many senior older riders secure seven-figure significant settlements and verdicts.
Employment Status & Occupation
Florida law entitles injured riders to just compensation for their lost wages and their lost future earning capacity. As a result, the more you earn (and the more you have the capacity to earn), the more you will generally be entitled to recover. When motorcycle accidents leave riders with permanent disabilities, these riders must rely on their attorneys to calculate how much they would have earned through the age of retirement taking into account raises, bonuses, commissions, benefits, and other forms of compensation.
Diagnosis & Prognosis
The severity and extent of a rider’s injuries are key factors for determining an appropriate settlement value. As a result, a thorough diagnosis is critical, and riders must ensure that they have a clear and comprehensive understanding of their long-term medical needs. If a rider’s injuries will result in permanent disabilities or shorten the rider’s life expectancy, these factors will also increase the amount the rider is entitled to recover.
Pain, Suffering & Emotional Trauma
Florida law entitles injured motorcycle riders to just compensation for various forms of “non-financial” harm. These include riders’ pain, suffering, and emotional trauma. To place a dollar amount on these losses, the insurance companies and courts consider both the severity of these physical and psychological effects and the duration for which they will be endured. Rather than trusting the insurance companies (which is a mistake), injured riders must work closely with their attorneys to identify and quantify their non-financial losses.
Family circumstances can impact the amount injured riders are entitled to recover for certain types of non-financial harm. For example, if a rider is married or has minor children (or both), any impairment of the rider’s relationship with his or her spouse or children is also considered a compensable form of non-financial harm under Florida law.
Available Insurance Coverage
Finally, in some cases, the insurance coverage will be a limiting factor. If an at-fault driver only has $1,000,000 in insurance coverage, this may be the maximum amount an injured rider can expect to receive. But, sometimes it is possible to go beyond at-fault drivers’ policy limit, and riders who have uninsured/underinsured motorist (UIM) insurance can use this insurance to help maximize their financial recoveries as well.
Is There an Average Florida Motorcycle Accident Settlement Amount?
According to the motorcycle accident settlement examples listed on this page, the typical Florida motorcycle accident settlement is anywhere from $799,000 to $11,000,000. Settlements depend greatly on the unique circumstances of each case.
In Florida, motorcycle injury victims can pursue compensation for all actual damages they sustained. However, because of the many variables involved, settlement amounts range from modest to substantial.
You might find sites online that offer free motorcycle accident settlement calculators. Approach these generic calculators with caution. No one can accurately estimate the value of your potential settlement without understanding the nuances and details of your case.
Automatic injury settlement calculators can provide misleading answers. Talking to a Florida motorcycle accident attorney is the only way to determine what your case value may be.
What Evidence Is Used to Build a Florida Motorcycle Accident Claim?
As we have established, the details of your crash and injuries determine motorcycle accident compensation amounts.
Your lawyer will investigate your case and gather evidence to substantiate your damages. Using this information, the legal team can calculate your claim’s value.
Evidence that may apply to your case includes:
- Police reports,
- Witness statements,
- Photographs and videos,
- Expert opinions, and
- Accident scene reconstructions.
To substantiate your damages, your lawyer will assemble information that may include:
- Medical bills,
- Wage and income statements,
- Tax returns, and
- Vehicle repair bills.
Establishing the value of future damages you may suffer often requires the opinions or testimony of subject matter experts.
Medical experts can provide opinions about your prognosis and future treatment requirements.
Vocational experts provide opinions on your ability to return to work. These experts also address whether you will be able to resume your prior job duties or require accommodations.
Economic experts shed light on the future value of lost income and benefits, should you have diminished earning capacity.
Why Do I Need a Nearby Florida Motorcycle Accident Lawyer to Help Me?
Florida does not require injury accident victims to have a lawyer. However, having an experienced motorcycle crash lawyer from Abrahamson & Uiterwyk on your side provides several advantages.
We Investigate and Document Your Case.
We have extensive resources at our disposal, and we put those resources to work for you. We investigate every aspect of your claim and assemble as much evidence as possible to build your case.
We Establish Fault and Demonstrate Liability.
In any personal injury case, you must prove that the defendant owed the victim a duty of care.
You must demonstrate that, by failing to uphold the duty of care, the defendant’s actions caused your accident and subsequent damages. Our team uncovers the evidence we need to prove the defendant’s negligence.
We Handle Every Aspect of your Case.
When you trust us to handle your motorcycle accident case, you can relax and focus on getting well. We handle everything on your behalf and keep you updated on the progress of your case.
We Deal with All Parties, Including the Insurance Company.
With us on our side, you won’t have to deal with other lawyers, the insurance company, or any other parties in your case. We handle all communication and negotiate on your behalf to obtain the best possible settlement.
We Help Protect Your Legal Rights.
We take great pride in protecting the legal rights of our clients. The insurance companies want to minimize their liability and pay you the smallest settlement possible.
We compel the at-fault party to negotiate in good faith. If the defendant’s insurance company will not engage in good faith negotiations, we may recommend filing a lawsuit in Florida civil court.
Recent Motorcycle Crash Settlements Examples Achieved by the Motorcycle Accident Lawyers at Abrahamson & Uiterwyk
2020 Motorcycle Head On Collision Crash Case Settlement Amount for $1,000,000
Our client was riding a motorcycle on the way to work approaching an intersection. The intersection was controlled by a traffic light. Our client was proceeding through the intersection on a green light. The defendant driver made an illegal left hand turn on a red light, violating our client’s right, resulting in a head on collision. Our client was ejected from the motorcycle suffering multiple significant injuries. The defendant was cited for causing the accident.
Our client was transported via ambulance to the hospital and was initially treated for broken bones to the arms, wrist, and fingers. Our client was placed in an arm sling and asked not to move the arms much until the fractures healed.
Shortly thereafter, the client began to treat with an orthopedic surgeon and was prescribed physical therapy. A few weeks after the accident the client noticed the development of significant pain to both shoulders. MRIs of both of shoulders were taken a few months after the accident which revealed rotator cuff injuries to both shoulders. The orthopedic surgeon opined the injuries to both shoulders were directly caused by the motor vehicle accident. The client had arthroscopic surgeries to both shoulders to alleviate the shoulder pain.
The defendant’s insurance company initial offer was only $115,000. That low-ball offer was rejected. The insurance company took the position that the shoulder injuries were not caused by the accident because our client did not complain of shoulder pain until weeks after the accident and claimed that our client was at fault for causing the accident.
A suit was filed and at the same time our office represented our client in a traffic court case. The traffic court case against the defendant was conducted via zoom due to COVID. The defendant driver hired an attorney to represent him in the traffic court case. The defendant driver’s attorney denied his client was at fault and initially denied his client was driving the truck involved in the accident. Our office was able to meet with the eyewitness who clearly identified the defendant driver after the accident and established the defendant driver was at fault for causing the accident. After numerous continuances of the traffic court hearing the judge eventually found the defendant driver guilty of violating our client’s right of way.
During the civil suit the defendant’s driver’s deposition was taken. He admitted he was at fault after a lengthy deposition. The deposition of the eyewitness was also taken to establish fault.
A mediation was eventually set to resolve the case. The case settled at mediation for $1,000,000 dollars.
$1,330,000 Motorcycle Accident Case Payout Amount Example in Pinellas County, Florida
Some of the most significant injury cases that we handle are the result of motorcycle accidents. This case is one such example. Our client was traveling on his motorcycle when the defendant pulled out of a drive causing our client to hit the vehicle broadside. The defendant was cited by the police for violation of right of way.
Our client suffered extensive injuries, including a severe pelvic fracture. He was taken to the hospital after the accident where he underwent an open reduction surgery with internal fixation. He also suffered fractures to the vertebra in his back and lower spine. After approximately 12 days in the hospital, he required outpatient therapy and significant follow up treatment.
Approximately ten days after the accident, our client hired Abrahamson & Uiterwyk after reading about our firm’s high rating on the internet. We immediately went to work by investigating the insurance available to compensate our client.
Our investigation revealed that the at fault party had $1.3 million in liability insurance. Once we were convinced that we had a complete understanding of all our client’s injuries, medical bills and lost wages as well as a full understanding of the effects this long-term injury would have on our client, we submitted a case summary to the insurance company.
Not surprisingly, the insurance company hoped to resolve this case by providing our client compensation in an amount much less than their policy limits. They began by offering only approximately one-half that amount. We were convinced that our client’s claim was worth the entire insurance policy limits, and we negotiated very aggressively with them, reminding them continuously of their duty of good faith in handling claims on behalf of their insured.
In an effort to convince the insurance company that it was in their best interest to resolve the case by providing us all of their insurance proceeds, we also provided the insurer with a sample jury verdict form which laid out the likely liability their insured would face if the case went to trial.
We continued to press the insurance company to resolve the case for the entire policy limits or we would take the case to a jury trial. We gave the insurance company one final opportunity to pay all their insurance proceeds or we would withdraw the offer. After the final demand package was sent to them, they finally agreed to pay their limit of insurance coverage.
Even though we got all of the insurance proceeds from the other driver, our in-depth investigation led us to believe that there was additional insurance coverage that could be utilized for this accident.
Fortunately, we were able to convince our client’s uninsured motorist insurer that they had insurance coverage that would apply on top of the other driver’s insurance and that they also should pay their entire policy limits.
Although limited by the available insurance, we were pleased and satisfied that we were able to get our motorcycle client significant compensation for his extremely tragic injuries.
$1,000,000 Motorcycle vs Car Accident Lawsuit Settlement Amount Example in Sarasota, Florida
Here is an example of a recent case in which we were able to secure a settlement that was nearly 10 times the insurance company’s initial offer:
This tragic accident occurred at the intersection of 10th Street and Cocoanut Ave. in Sarasota, just east of Waterfront Park. Our client, a 56-year-old caretaker and carpenter, was riding north on Cocoanut Ave. when a driver traveling southbound turned left directly into his path, violating his right of way. The force of the collision ejected our client from his motorcycle, and he landed on the pavement in the middle of the intersection.
It was immediately obvious that our client had suffered serious injuries. He was rushed to the emergency room at Sarasota Memorial Hospital where he was admitted and diagnosed with a compound fracture to both bones in his forearm as well as fractures to the hip, knee, and foot. Doctors had to perform multiple surgeries to repair the fractures. Our client suffered a nerve injury in his arm and shoulder that required surgery as well.
The driver’s insurance company initially tried to claim that our client was partially responsible for the accident. It offered an initial settlement of $115,000.00—an amount that didn’t even pay our client’s medical bills, let alone compensate him for his pain, suffering, and lost wages. As a result, we filed a lawsuit on our client’s behalf and aggressively prosecuted the case. We attended multiple traffic court hearings; and, after the court was made aware of the facts we had discovered during our investigation, the judge found that the driver was guilty of failing to yield the right of way. We subsequently took the driver’s deposition and were able to firmly establish that the accident was entirely his fault.
After the driver’s insurance company hired new lawyers, the case proceeded to mediation. During the settlement conference, we were able to convince the insurance company to pay the driver’s $1,000,000.00 policy limit. This was a terrific result for our client, and he was extremely pleased with the outcome.
In our more than thirty years in practice, we have represented thousands of Florida motorcycle injury accident victims. Although we cannot disclose the details of past cases, these are just a few of our achievements for our clients:
- $11,000,000 jury verdict for motorcycle accident injury case in Brevard County, FL;
- $5,050,000 case settlement payout amount for motorcycle accident wrongful death in Hillsborough, FL;
- $5,000,000 case settlement payout amount for motorcycle accident wrongful death in Pasco County, FL;
- $4,899,000 case settlement payout amount for motorcycle accident injuries in Pinellas County, FL;
- $1,330,000 case settlement payout amount for motorcycle accident injuries in Pinellas County, FL; and
- $799,000 case settlement payout amount for motorcycle accident wrongful death in Pinellas County, FL.
These case results are not typical and do not represent what you are likely to recover for your injuries. They do, however, demonstrate our proud history of fighting for injury accident victims.
Talk to a Nearby Florida Motorcycle Accident Attorney Today
You do not have to face this difficult situation on your own. With offices throughout Florida, Abrahamson & Uiterwyk provides compassionate yet aggressive representation for our clients. We can answer your questions and help you make the best decision for your future.
We offer a no-cost, no-obligation case evaluation for motorcycle crash victims in Florida. Contact us now to learn more or to discuss what your average motorcycle accident settlement value might be.
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They did an excellent job with my motorcycle accident. Jennifer kept me updated with the progress of the case. Thanks again for handling my case.Mark K. Rating: 5/5 ⭐⭐⭐⭐⭐
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