SIX MAIN TYPES OF DAMAGES IN A MOTORCYCLE ACCIDENTLast updated on: October 13, 2022
All automobile accidents can have serious consequences, but the fallout of motorcycle accidents is often severe because the motorcyclist is more exposed than a driver is in a car.
When driving a motorcycle, it’s important not just to obey the rules of the road and remain alert, but to wear all recommended protected gear as well as an appropriate helmet in order to reduce the risk of injury in the event of a crash. When motorcycle accidents do happen, there are six main types of damages for which compensation is typically sought.
Regardless of the damages you suffer as a result of your motorcycle accident, your chances of receiving compensation improve dramatically by hiring a personal injury lawyer. If you or a loved one has been injured in a motorcycle accident, Zinda Law Group may be able to help.
Contact Zinda Law Group for a free case consultation at 888-671-5127.
In almost all motorcycle accidents, there will be some damage to the motorcycle.
When calculating damages in a motorcycle accident, the first thing to look at is what it will cost to repair the motorcycle. If the motorcycle cannot be repaired, you can also seek compensation for it in its entirety, although keep in mind that you will only be compensated for the value of the motorcycle as it was when it was totaled.
If you were injured in your motorcycle accident you should incorporate your medical bills into the calculation of all damages. You can recover bills for both the treatment that you are receiving right now and the treatment that you will receive in the future. However, future medical treatment should not be a speculation; you should have a concrete, usually written idea of what treatments you will need in the future and why.
Loss Of Earning Capacity
It is possible that being in an accident could impact your employment situation. You may be able to recover compensation for wages that you lost if you were unable to work as a result of your accident, but in more serious cases, you may not be able to work the same job you did before, and you can also be compensated for the loss of opportunity to work your previous occupation.
In these cases, you are still expected to make the best of your situation and seek another job, but if you cannot work the job you did before, you can pursue damages for lost earning capacity in the future.
Accidents are stressful and sometimes traumatic and part of your damages could be the emotional suffering you have undergone as a result of what happened. Emotional damages are difficult to quantify, and therefore they are not the easiest damages to collect as courts are reluctant to put a price on something like feelings.
One common way emotional suffering damages are collected are as a result of a more quantifiable event, such as the loss of a limb, the loss of ability, or a medical condition such as PTSD resulting from an accident. In any event, it is not impossible to receive compensation for emotional damages. Your lawyer will be able to give you an idea of your chances.
In most cases, damages are awarded to victims of accidents in order to compensate them for injuries or damages they have suffered, whether the harm is to self, property, or even psyche. However, in some cases, a court will award punitive damages, awarding the plaintiff money not as compensation for a specific harm, but in order to punish the party that caused the accident.
This can occur when the wrong committed by the party was extremely egregious, and compensating the plaintiff for the harms they have suffered is not a serious enough punishment considering the lack of care shown.
Courts want to show that compensation is not just a fee someone can pay to fix a wrong. For example if a corporation is extremely wealthy and compensating the plaintiff for their injuries would be an extremely inconsequential amount of money to pay, punitive damages might be added so that the company actually feels more of an impact over their decision.
Another reason courts might award punitive damages is when the action is egregious but did not end up causing a high-cost harm. For example, if a drunk driver causes an accident, but by some miracle there is only a small amount of damage or injury. The court might, in that case, award punitive damages because it was only by luck that this serious offense did not have a more serious outcome, and the driver should face serious consequences.
In the most tragic of motorcycle accidents, someone can lose their life. In this case, a personal injury claim for wrongful death could be brought against the party that caused the death with their actions.
The laws around wrongful death vary from state to state. In some states, only direct family members, such as children or spouses, can bring wrongful death actions. In other states, more distant family members who relied on the deceased individual for support can bring wrongful death actions. In addition, there is a statute of limitations on wrongful death claims that varies from state to state.
Speaking to a lawyer about a wrongful death claim will help you clarify how the law applies to your specific situation in your jurisdiction.
Need Help? Contact Zinda Law Group Today
Motorcycle accidents are frightening and can have significant and sometimes life-altering consequences.
If you or a loved one has been injured in a motorcycle accident, the lawyers at Zinda Law Group can help. Our experienced personal injury attorneys have secured compensation for numerous clients. At Zinda Law Group, we believe everyone deserves legal representation to fight for the compensation they deserve, regardless of their financial situation.
That’s why Zinda Law Group operates on a contingency fee basis, meaning that if you don’t receive a favorable verdict in your case, you will pay nothing. Contact Zinda Law Group for a free case consultation at (888)-671-5127.
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