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In 2018, an estimated 82,000 motorcyclists were injured in an accident. After an accident, victims can suffer serious injuries and face financial burdens from medical bills, lost wages, and motorcycle repairs. To seek the compensation victims may deserve, it is important to assess the damages and value of a case.
The motorcycle accident personal injury attorneys at Zinda Law Group have experience representing motorcycle accident victims and helping them determine the compensation they may be entitled to after an accident. Call us today at (800) 863-5312 for a free consultation with a motorcycle accident attorney .
Calculating damages in a motorcycle accident
A motorcycle accident can leave victims with physical, emotional, and long-term damage. When another person is responsible for a victim’s injuries after a motorcycle accident, they may be held liable and have to pay for the harm they caused.
There are different categories of damages, but in general, the amount of money victims can seek in a motorcycle accident will depend on the extent of their injuries and property damage. Accident victims can recover the following damages:
Economic damages
Economic damages include tangible financial damages that can be assigned a number. Economic damages include:
Medical bills
When you’re injured in a motorcycle accident and need treatment, numerous tests, appointments, and prescriptions may be necessary. Medical bills may also include emergency room visits, follow-up appointments, X-rays, crutches, and prescription drug costs, among other things.
Rehabilitation costs
Your injuries may require physical or occupational therapy to help you recover. It may take months or years of rehabilitation to help you regain the level of health and mobility you had before your accident.
Mental health treatment
In some cases, victims may suffer psychological injuries in addition to physical injuries. If you have expenses related to treatment for PTSD, depression, anxiety, or other mental health injuries due to your accident, the treatment you receive may be a recoverable expense.
Lost income
When you have to take time off work to recover from your injuries, you can lose a significant amount of money that you could have earned if you weren’t injured. Economic damages take this into account and may allow you to recover this money.
Loss of earning capacity
In cases of serious injuries, you may not be able to return to work or your previous position due to your injuries. In many cases, experts will be needed to calculate the exact amount of potential future income you could have earned.
Non-economic damages
Although non-economic damages can be more difficult to calculate, they can often be more valuable than economic damages. These damages could include:
Pain and suffering
A motorcycle accident can cause victims to suffer. The pain of setting a broken bone, undergoing surgery, and extensive rehabilitation can all be taken into account when determining the extent of the victim’s suffering.
Loss of companionship
When a victim suffers serious injuries or is killed, spouses, partners, children, and parents may feel their lives have been turned upside down. When victims are unable to provide their family with the same level of love, affection, or comfort they did before the accident, a loss of companionship claim may be possible.
Emotional distress
There are a wide variety of damages that can be considered emotional distress , but it’s generally designed to compensate victims for the psychological impact their accident caused. This could include issues like the inability to sleep or feeling anxious.
Punitive damages
In cases where a defendant is seriously reckless or malicious, punitive damages may be awarded in some circumstances. Punitive damages are intended to punish the defendant and deter similar behavior in the future. However, not all states allow victims to pursue punitive damages. A motorcycle accident personal injury attorney can help you determine if your state allows punitive damages.
How to maximize the damages you can seek
After a motorcycle accident, the more evidence you can provide about how the accident occurred—such as the cost of your medical treatment and injuries, time taken off work, and damage to your motorcycle—the greater your chance of recovering these expenses. Whether you settle with the other party’s insurance company or go to trial, receipts and records will be used to help determine a fair compensation amount. To help ensure you can seek the compensation you deserve, you should take the following steps after your accident:
Document your damage
As soon as possible, be sure to take photos of the damage to your motorcycle and any injuries you sustained in the accident. You should also take photos during the healing process to help demonstrate the severity of your injuries.
Obtain the police report
If a police officer responded to your accident, he or she will have completed an accident report. If you were not given a copy at the scene, call the police department to request a copy of the accident report or how to access it once it is available. This report can help demonstrate how the accident occurred and which party may be responsible.
Document your expenses
One of the most important things you can do to help maximize the compensation you may recover is to document and track all of your motorcycle accident-related expenses. This could include receipts and documents related to:
- Hospital and doctor bills
- Physical therapy
- Chiropractor bills
- Documented time taken off work due to any injury
- Receipts for the repair or replacement of your motorcycle
- Receipts for a rental motorcycle while yours is being repaired
What a motorcycle accident lawyer can do for you
Our motorcycle accident personal injury attorneys are here to help you through every step of the process. This may include ensuring you receive proper medical treatment, investigating the accident, interviewing witnesses, collecting accident reports, negotiating with the insurance company, filing a lawsuit, and, if necessary, going to trial.
At Zinda Law Group, we can help you determine the damages you are entitled to and can work to ensure you are not responsible for a motorcycle accident that was not your fault. The amount of compensation you are entitled to will be affected by factors such as the extent of your injuries, the amount of your medical bills, pain and suffering, wage losses, and damage to your vehicle.
Frequently Asked Questions
Can I still recover if I am partially responsible for causing the accident?
Even if you believe you may be partially responsible for causing the accident, you may still be entitled to recover money. Each state has its own laws regarding whether a party can recover damages in a motorcycle accident even if they are partially responsible for the accident. Determining fault and recovery can be complicated, but an experienced motorcycle accident attorney can help you navigate the process.
Will my motorcycle be repaired or declared a total loss?
After an accident, if your motorcycle is damaged, you’ll generally have to decide whether to repair or replace it. Many factors go into deciding which option makes sense for your situation, but insurers will often consider the age of the vehicle, the extent of the damage, and the motorcycle’s current value.
Sometimes, insurance companies will declare a motorcycle a total loss even when riders prefer to pay to have it repaired. It depends on your state and insurance company, but when it costs more to repair the motorcycle than to replace it, insurance companies will generally pay the lowest amount possible.
How long do I have to file a lawsuit?
If you were injured in a motorcycle accident and want to file a lawsuit against the other party, you should be aware of the time limits, or statutes of limitations, that are in effect. Each state sets its own statute of limitations, so it will depend on how much time you have to file a claim for your injuries. It’s best to contact an attorney as soon as possible to help you navigate the filing timeline and help you receive the compensation you may deserve.
Contact a lawyer who handles motorcycle accident cases
At Zinda Law Group, our motorcycle accident attorneys have helped many accident victims seek compensation after suffering an injury. We have the knowledge and resources to help you calculate the damages you may have suffered, and we want to help you seek compensation for those damages.
We believe that an accident victim should never have to worry about affording legal representation. That’s why we offer 100% free consultations, and why you pay nothing unless we win your case. That’s our No Win, No Fee Guarantee .
If you were injured in a motorcycle accident and need an attorney, call Zinda Law Group at (800) 863-5312 for your free consultation with one of our experienced motorcycle accident attorneys. Check out our blog for more helpful resources.
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