Many of the cases appearing before law firms are a result of motorcycle accidents. If you are the victim of such an accident, you may have some legal means of recovering your losses. Your attorney can explore several venues to obtain compensation for the damages and injuries you suffered because of the collision. Examples of common types of damages you are likely to receive in a motorcycle accident claim include pain and suffering, lost wages, medical bills, property damage, mental anguish, and many others.
Check out this post to understand the common types of motorcycle accident claims.
Medical Bills - Economic Damages
Persons engaged in motorcycle accidents need special care treatments. This is because they may have suffered injuries in the most vulnerable parts of their bodies. For instance, if you are involved in an accident and damage your head, back, or neck, you are more likely to suffer from paralysis, impairments, and amnesia. In addition, the medical treatment may be expensive because the patient may require therapy to rework muscles and bones and surgery.
There is a need for a quick claim to cover all these costs. Some of the medical costs you can claim include:
- Future treatments.
- Hospital and doctor’s bills.
- Physical therapy.
- Prescription medication and more.
Motorcycle accidents are life-threatening, unlike other motor vehicle accidents, because the rider may suffer catastrophic injuries. As a result, not even a single medical cost should be discounted.
Property Repair and Replacement - Economic Damages
In a serious accident, the motorcycle may end up in pieces because of the collision. The best thing you can do is to include the cost of repairs in your claim. You can also go to a dealer to quote the price of repairs for you.
“Total Loss” is a term used to describe a total wrecked property. In other words, the damage is beyond repair. In such a scenario, the insurance company has no option but to compensate for the market value (you are getting a brand-new motorcycle).
Lost Wages/Income
If you are involved in a motorcycle accident, you may have severe injuries that may take time to heal. This will greatly affect your job. To begin with, you will not be able to go to work. This means that you will not be receiving your salaries and wages. Secondly, you may end up losing your job. Finally, the company may hire another employee to take over your place.
This can be tragic and greatly affect you; you may lose everything. Getting the right attorney (not just any attorney but a personal injury attorney) can be a game changer in such situations. You may be able to sue the negligent party and get compensated at the negotiation table or even in court. An Indianapolis motorcycle accident law firm will ensure you file your claim within the statute of limitations and will fight for your rights. From discovery and accident reconstruction to settlement negotiations and representation, they will help you get your life back on track.
Pain and Suffering - Non-economic Damages
Pain and suffering are the challenges individuals face daily in the aftermath of a severe accident. Moreover, it is often associated with mental anguish, which relates to trauma and mental pain.
However, claiming compensation for such damage is not often easy because the value of pain is immeasurable. Often, the compensation depends on how much the injury has interfered with your daily life and the duration you will be in pain (physical and mental).
Furthermore, there are several fundamentals you are deprived of, such as not spending quality time with your loved ones, not being able to drive again, or attending family gatherings. Also, you will not be able to show affection to your significant other. In the “pain and suffering” category, victims note depression, anxiety, insomnia, physical pain, loss of sexual drive, grief, PTSD symptoms, loss of enjoyment of daily activities, etc.
Pain and suffering claims often intertwine with loss of companionship or loss of consortium. Your attorney will most likely request both types of damages when they file their claim. Pain and suffering and loss of consortium are hard to quantify. For this reason, Indiana courts (just like others across the nation) use the multiplier formula to determine the monetary value of pain and suffering.
Loss of Consortium - Non-economic Damages
When one claims loss of consortium after a motorcycle accident (or any other personal injury case), the situation becomes complicated. The compensation cannot be based on the loss of income or household services the injured party provides. Instead, it must be proven that the defendant’s negligence caused the loss of the consortium.
Loss of consortium can also include sexual relations, which are integral to a marriage or domestic partnership. Unlike damages for medical bills, loss of consortium cases can also include pain and suffering, as we already mentioned. Discussing these issues with your legal team is important, as they can represent your interests and help you collect compensation for the damages you have suffered.
When pursuing a loss of consortium claim, it is important to know that insurance companies have a limit on their liability policies. For example, some policies only allow a certain amount for an injury per incident, while others may have no cap. In this case, your attorney will work with you and your family to determine a reasonable amount for the loss of consortium.
Getting a Lawyer
The first step is to get an attorney when you have been involved in any type of personal injury. The purpose of such attorneys is to deal with the case on your behalf. Get in touch with reputable lawyers in your city/state so they can help you get compensated for the damages you suffered.
Hiring a lawyer after a motorcycle accident can help you receive the maximum settlement for your injuries. Although filing a personal injury claim can be complicated, an experienced attorney can help you smoothly get through the claims process. Your attorney can help you determine how much compensation your claim is worth and what steps need to be taken first. They can also consider the severity of your injuries and medical bills.
