How Much Is My Motorcycle Accident Case Worth in West Virginia?
If you have been injured in a motorcycle accident in West Virginia, you deserve compensation for the damages.
Usually, motorcycle accidents are highly dangerous since bikes do not afford riders or their passenger’s similar protection to other vehicles. Lack of physical enclosures, safety belts, or airbags makes them more susceptible to severe injuries such as road rash, traumatic brain injury, broken bones, and spinal cord damage.
As a result, the damages resulting from a motorcycle accident can be pretty substantial. Maybe this is why you’re worried about how much your motorcycle accident case is worth.
Sadly, there’s a bias that surrounds motorcycle accidents not just in West Virginia but universally. Motorcyclists are perceived as reckless road users, a blanket judgment that denies them fair compensation when involved in crashes. This is despite the fact that in most multiple-vehicle accidents involving motorcycles, the other drivers are at fault for the accidents, not the motorcyclist.
Distracted driving, speeding, turning in front of a motorcycle, and failing to yield the right of way, are common driver behaviors on our West Virginia roads that endanger motorcyclists.
For this reason, those involved in motorcycle accidents deserve full compensation for their damages, just like any other road user involved in a motor vehicle crash. At The Miley Legal Group, we can help you get maximum compensation for your motorcycle accident case.
Keep reading to learn how much a West Virginia motorcycle case is worth and how a personal injury lawyer can help you.
Contact our legal team today to schedule a free consultation.
How Much Can I Recover from My Motorcycle Accident Case?
West Virginia is an at-fault state, meaning the one responsible for the accident should pay for the damages sustained. In this case, if the motorcycle crash was caused by the negligent acts of another motorist, their insurer should compensate you for the injuries and property damage.
West Virginia Insurance Coverage
Essentially, West Virginia law requires motorists to carry minimum liability and uninsured motorist insurance. This means that as long as the at-fault motorist has some minimum insurance as required by law, and you have evidence to prove their negligence, you should be able to recover your damages.
Both liability and uninsured motorist covers are guided by the same 25/50/25 rule—$25,000 for bodily injury per person and a maximum of $50,000 for bodily injury per accident, plus $25,000 for property damage
However, these are minimum requirements. Motorists always have options to take more cover as sometimes the minimum amounts cannot sufficiently cover damages, especially when motorcycle accident victims sustain severe or fatal injuries. For instance, due to the nature of motorcycle accidents, the resulting injuries can be serious, so a motorist’s minimum coverage might not adequately compensate for your losses.
In the same way, motorcycles are regarded as motor vehicles and should therefore carry these minimum insurance policies. If your accident was not caused by another motorist’s error, your liability should cover your damages. If you were involved in a hit-and-run accident and could not identify the other vehicle, your uninsured cover should take care of your damages.
Factors Affecting Motorcycle Accident Case Compensation
Generally, how much you can recover from your motorcycle accident case will depend on the damages you have sustained and the coverage available
If the crash was caused by the other motorist and your damages exceed their coverage, you can recover the rest by filing a lawsuit against them. However, should you decide to take this route, you need to consider the driver’s ability to pay your damages. This way, you can avoid the risk of spending your resources pursuing someone who does not have the means to fulfill a judgment.
Another important factor is the statutory time limit for filing motorcycle accident lawsuits in West Virginia. In West Virginia, the statute of limitations for a personal injury claim is two years. After this deadline, you cannot recover from the at-fault party unless you qualify for exemptions, such as the victim being a minor or the at-fault party being outside the state. In this case, the limit should start counting once the minor reaches 18 or the defendant returns to the state.
All of these factors and nuances can be complicated to keep track of. Thankfully, a motorcycle accident attorney can help you navigate the legal system, meet deadlines, and ensure you get fair compensation for your damages.
Damages You Can Claim in a Motorcycle Accident Case
A motorcycle accident case is like any other personal injury claim. You’re entitled to recover compensation for the economic and non-economic damages you may have suffered.
These may include:
- Medical expenses — You should claim all the medical costs you have incurred and anticipate incurring from the motorcycle accident injuries sustained. These should include hospital bills, doctor’s fees, cost of therapy, medication expenses, travel expenses to and from the hospital, cost of assistive devices, etc.
- Lost wages — You should also claim your lost wages for the days you have missed work following your injuries, plus anticipated future lost earnings during your recovery.
- Property damage — You should also be able to recover the cost of repairing your motorcycle or replacing it if it was totaled.
- Pain and suffering — In addition to the quantifiable losses, you are entitled to receive compensation for your physical pain, emotional distress, disfigurement, loss of enjoyment of life, embarrassment, psychological trauma, and other similar damages.
Do You Need a Lawyer to Help You With Your Motorcycle Accident Case?
While it’s possible to pursue the settlement on your own, working with an experienced personal injury lawyer can increase your chances of getting fair compensation. You should consider working with a lawyer experienced in motorcycle accident cases since they’re familiar with the unique aspects of motorcycle accident claims.
Among other things, experienced motorcycle accident attorneys should help you investigate the case, gather evidence, calculate damages, file a compensation claim, and negotiate a fair settlement.
Overall, a motorcycle accident lawyer will offer you support throughout this process, with the goal of maximizing your compensation for your injury claim.
Contact us today for a free case review.