Available 24/7Getting in a motorcycle accident can be a painful and expensive event. As an injury victim, you will be dealing with filing insurance claims to cover your healthcare costs, lost income while you recover, and other out-of-pocket expenses. The claims process can leave you feeling helpless and unsure of where to turn.
When judging the settlement offers from the insurance companies, understand that fair compensation for a motorcycle accident should address all the costs and debts you have incurred as a result of the accident. Their offer should also include any future expenses you may have. Furthermore, since every accident is different, and everyone recovers differently, there is no set value for fair compensation for a motorcycle accident. Your fair compensation must be determined based on the circumstances of your motorcycle accident injuries.
If you find yourself recovering from a motorcycle accident and uncertain about your next steps, a motorcycle accident attorney may be able to help. They can investigate your accident, identify the at-fault party, file your personal injury claim with the insurance companies, and demand fair compensation for your injuries and losses.
What Should Your Motorcycle Accident Compensation Cover?
The losses you incur in an accident are legally referred to as damages. There are many types of damages that need to be considered in a motorcycle personal injury case, and they typically fall into either economic or non-economic.
Economic damages have a definitive value attached to them. They are the tangible financial losses you have. They can be calculated from bills, invoices, and receipts. Non-economic damages are more subjective. These damages reflect how the accident has affected the quality of your life. Your California Personal Injury Lawyer understands the practices the insurance companies use to determine the value of your damages and can challenge any motorcycle accident settlement that fails to cover all your losses.
Though each accident is different, the following are the most common damages sought in a motorcycle accident claim:
Medical Expenses
Medical bills are often the largest expense you will have after a motorcycle accident. Motorcycle accidents often result in severe to catastrophic injuries for those involved. After you are in an accident, your medical care could include:
- Emergency room visit
- Transport fees
- Diagnostic tests, such as X-rays, CT scans, and MRIs
- Surgeries
- Hospital stays
- Medications
- Rehabilitation and therapy
- Medical devices and in-home care
- Home modifications
The costs associated with your medical care can be totaled up and included in your settlement offer. However, you may require ongoing healthcare or additional procedures in the future. Determining these costs would require your doctor’s prognosis, which your motorcycle accident lawyer will work with to ensure you have the resources necessary.
Lost Income
The next most common financial damage in personal injury claims is lost wages. This damage ranges from something as simple as work you missed because you were recovering, doctors’ appointments, or anything else relating to the accident that kept you from working. Lost wages can include:
- Salary or hourly wages
- Tips
- Bonuses
- Benefits
In some instances, you may even demand compensation for missed promotions and career opportunities at work.
Additionally, if you, as the motorcycle accident victim, can no longer perform the work you did prior to the accident, you can be compensated for your reduced earning capacity. This means that if you cannot earn the same amount, have to work fewer hours, or even change careers, you can receive compensation for this loss. Compensation could reflect the difference in earning power and possibly any training for a new career. Your personal injury attorney can ensure that this loss is included in your demands.
Property Damage
Probably one of the first things you would think of for damages after a motorcycle crash is the motorcycle itself. The motorcycle can either be repaired, or the insurance company may determine that it is a total loss. A total loss is when the cost to repair the motorcycle exceeds its value.
Your property damage does not end with your motorcycle, though. Property damage can also include the following:
- Helmet
- Riding gear, such as jackets, pants, gloves, and boots
- Personal belongings, like smartphones, cameras, GPS devices
- Clothing
Depending on the insurance coverage, you may also claim a rental vehicle.
Pain and Suffering
Pain and suffering is a legal term that covers a wide range of non-economical damages. The physical pain you experienced from your motorcycle accident is a viable damage you can claim for compensation. Whether it was temporary, or you live with chronic pain, this impact on your life should be included in any fair settlement.
Pain and suffering also covers the emotional distress and mental trauma you experienced. You may seek compensation for such injuries as:
- Depression and anxiety
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
If the accident has affected your relationships, you may seek damages for loss of consortium. If your injuries have left you with cognitive impairments, these too may be included in your personal injury claim.
Punitive Damages
In extreme cases, you may be awarded punitive damages. Punitive damages are very rare. They can only be awarded by the courts when it is decided that the actions of the defendant have been grossly egregious. These damages serve to punish the defendant and act as a warning to others.
It’s free to speak with us and learn the value of your case today.
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Is There a Limit to How Much You Can Claim for Damages?
Damages are limited to actual harm that is suffered. There must be some sort of “harm” for damages to be awarded to you. Also, the court will look at each party’s actions in the motorcycle accident and determine their degree of fault.
California Comparative Fault
Under California’s comparative fault statutes, such as CCP § 1431 and CCP § 1714, victims may recover financial compensation even if they are partly at fault. Under this legal doctrine, the compensation awarded is proportional to the percent of fault. If the court awards the case $100,000, but they find you are 10% at fault, you will receive $90,000.
California does not prohibit damages to a victim. You may be 99% at fault and still receive compensation.
Idaho Modified Comparative Negligence Rule
Idaho follows a similar doctrine. Under Idaho Statutes § 6-801, accident victims can recover compensation as long as they are less than 50% responsible for the accident.
Also, they may recover their full economic damages, but non-economic damages are limited, also known as capped, under Idaho Statutes § 6-1603.
Know the Fair Compensation of Your Motorcycle Accident
Contact Sargent Law Firm Injury Lawyers today for a free case consultation and learn more about the legal process and fair compensation in your motorcycle accident.
