Getting in a motorcycle accident can be expensive. There are insurance costs, healthcare costs, and other out of pocket expenses that can leave you feeling helpless and unsure of where to turn. If you find yourself in this situation, contact the experienced attorneys at The Sargent Firm Injury Lawyers. We can represent you in your motorcycle accident case and fight to get you the fair compensation that you deserve.
What Can You Be Compensated For?
There are many categories of damages that need to be considered in a motorcycle personal injury case. There are three main categories of damages that the court will consider.
- Property Damage. One of the first things you would think of for damages when you are in an accident are motorcycle are the damages to 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 the value of the motorcycle.
- Medical bills. Medical bills may also be part of the damages claim. After you are in an accident, the costs associated with medical care and continued medical care can be totaled up and included in your judgement. The initial costs of treatments from the accident are included, as well as the future treatments that your doctor says are going to be necessary to continue the healing process.
- Lost Wages. A court also awards damages for lost wages. This ranges from something as simple as work you missed because of the injury, doctors’ appointments, or anything else relating to the accident. Lost wages also compensate for those accidents that drastically alter an accident victim’s life. If the accident victim is no longer able to perform the work they did prior to the accident, a victim can be compensated for that. This means if the person is now only able to earn an amount less than the amount they made before the accident, the court can award damages of the difference in amounts.
Are Damages Limited?
Damages are limited to actual harm that is suffered. There must be some sort of “harm” for damages to be awarded to the accident victim. Also, a court will look at the percent at fault each party is to determine a judgment amount. The California Civil Code §1431 allows victims to recover damages even if they are partly at fault, this is California’s comparative fault principle. Comparative fault means that damages are awarded in proportion to the percent at fault a party is. Each side will present their arguments and the court will determine what percentage at fault each party is. California does not prohibit damages be awarded to a victim if their fault percentage is over 50 percent or 51 percent like other states do.
Contact Experienced Motorcycle Accident Attorney
Here at The Sargent Firm Injury Lawyers, our experienced motorcycle accident attorneys work tirelessly to achieve the most favorable judgment available for your specific case. We treat you with compassion to help you receive the fair compensation that you deserve.