For every bit of thrill and adrenaline rush generated from a motorcycle ride, the motorcyclists have almost a 27% chance of dying in a traffic accident. And the ones who survive a fatal crash are usually left with life-altering and severe injuries. If you have witnessed this before, you might have heard about claiming the damages. If you are not sure how to go about the process, it makes sense that you join hands with a personal injury attorney who will explain the process to you. The attorney will also help you recover the damage expenses as well.
The damages involved in claims for a motorcycle accident
For instance, when it is about a civil case, a motorcycle injury lawsuit, the damages indicate the monetary payment offered to the claimant for costs. It also influences his or her life, which is an outcome of the accident, and that is a result of some other person’s reckless and careless actions. Generally, motorcycle injury lawsuits have two kinds of damages:
1. Compensatory damage
The compensatory damages get aimed to compensate a person for the costs incurred, termed as economic damages. It also includes the “life-impacts” that the victim undergoes because of the accident, termed as non-economic damages. The cash payment for all the compensatory damages can get awarded by the court. Additionally, it can get obtained via a settlement offer from the insurance provider of the guilty person. The compensatory damages don’t get counted as income. Hence, it doesn’t get subject to tax by the Internal Revenue Service.
2. Punitive damages
Unlike the compensatory damage, the punitive damages don’t consider the coverage of non-economic and economic suffering because of the accident. Punitive damage is ordered by the court as an objective to punish the defendant for their careless behavior. For instance, punitive damage occurs when the guilty party was driving dangerously or drunk and had various prior convictions for similar cases. The accident damages are taxable.
The economic damages for motorcycle accidents
A motorcycle accident will lead to several economic damages. It is essential to join hands with an expert personal injury lawyer and address the case legally. To know more about this, you can check out Jacoby & Meyers and make a final decision. Some of the aspects included in economic damages are:
- Medical costs – It includes emergency treatment on the accident scene or in an emergency department. Other costs include:
- Shifting to the hospital through air or ambulance
- Surgical or physician services
- Diagnostic testing and hospitalization
- Prescription medication
- Rehabilitation and physical therapy
- Provision of assistive devices like a crutch or wheelchair
- Provision of prosthetic limbs.
- Lost wages – It could be because of getting injured to work post the accident. It could also be a person compelled to miss work because of the need to attend a medical appointment because of the injury.
- Losing the capacity to earn in the future –One can claim this damage when an individual gets permanently disabled because of the accident that makes him or her incapable of performing any job-related tasks.
The economic damages might also include the cost of replacing or repairing the claimant’s personal property that got damaged in the concerning accident. For instance, it could be his motorcycle or helmet. It might also include a few out-of-pocket costs for modifying the claimant’s vehicle or home for accommodating their disabilities. It can also include the cost of transportation to and from medical appointments.
The process of claiming
One of the crucial parts of claiming damages for the motorcycle accident is to join hands with an expert attorney. It will give gravitas to your case. There are several who get tempted to pursue the same without a lawyer. That often results in a loss. When you join hands with an expert personal injury lawyer, your legal procedures are taken care of, and you don’t get confused by the legal jargon. However, it is essential to calculate the accident’s case value. It gets done by resorting to the following ways:
- The economic damages are relatively easy to calculate as it involves the original monetary costs. Here the attorney adds all the costs for using documentation that you offer, for instance, the bills for all the medical services. It also involves the cost of replacing the vehicle. Here the medical professionals can help determine the approximate value of the future medical costs depending on the magnitude of the injury. It also includes the prognosis and the expense of the processes that you will need in the future.
On the other hand, the lost wages will get evaluated depending on the pay stubs. It means, if you are a self-employed person, your earlier year’s tax invoices or returns can get used. Also, the loss of earnings in the future needs to get calculated by evaluating the monetary compensation and advantages you will get in the future if you could carry on work in your chosen industry vertical. It also considers your work designation and profile.
- The non-economic damages usually get calculated by the insurers by considering the total economic damages. It gets also derived by multiplying that amount by any number between 1.5 and 5. If the accident is severe, it has chances of a higher multiplier.
- The overall amount of economic and non-economic damages gets added together. It is essential to note that this doesn’t count for the punitive damages that the jury might consider at the trial.
Most of the motorcycle accident claims settle much before they make it to the courtroom. Hence, it is essential to join hands with an expert personal injury attorney. And your attorney needs to get confident with the case and help you pursue the damages in court as well. The victim must get a fair settlement via a series of negotiations. No lawyer can guarantee the outcome of the motorcycle accident claiming process. However, you must cooperate with your lawyer so that he or she can proceed with the case at hand with complete preparation and conviction.
