I was recently hit by a Dallas sanitation truck while riding my motorcycle. We are working to settle damages on the bike (which was totaled), lost wages, property damage and I have been reimbursed for my medical bills.
I just need to know what a fair amount would be for my bodily injury? I don’t want to low ball it or reach to high. Any information would be much appreciated!
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
The amount of your settlement will depend on the type of injuries you sustained. If you sustained broken bones, organ damage, permanent scarring or other similarly serious injury those injuries will be classified by the insurance company as “hard” injuries. The settlement amounts paid by insurance companies for hard tissue injuries is higher than the amount paid for soft tissue injuries.
If the injuries you sustained were sprained or torn muscles, tendons or ligaments, or if you suffered contusions, abrasions or lacerations to your outer body, your injuries will be classified as “soft tissue” injuries. Soft tissue injuries are considered by insurance companies to be less serious and therefore the settlement amounts offered are substantially less than for hard tissue injuries.
Estimating a fair amount for a personal injury settlement requires you to calculate the amount of your lost wages, out of pocket expenses for such items as prescription and over the counter medications, splints, bandages, etc.
With those amounts in mind multiply the sum of your lost wages + medical bills by 3 – 4 times. Although there isn’t just one formula for calculating settlement demand amounts, the multiple formula method is fairly representative of settlement demands. If your injuries were hard injuries you can use a higher multiple of 4 – 5 times the amount of lost wages + medical bills.
The multiple process is meant to include an amount for pain and suffering or emotional distress.
If you sustained soft tissue injuries and your medical and other related treatment bills amount to $3,000 dollars, a fair settlement demand would be between $9,000 to $12,000 dollars. Always begin by asking for the higher amount – in this case $12,000 dollars. You can always negotiate downwards.
For hard injuries your demand should range from $18,000 dollars down to $15,000.00 dollars.
Learn more here: Motorcycle Accident Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
We wish you the best with your claim,
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