Getting into a motorcycle accident is a scary experience that can have devastating consequences. Many of these accidents cause serious injuries, cause issues for the person’s entire life, or can even be fatal. If you’ve been in a motorcycle accident, understanding what types of compensation you’re entitled to can help you understand your rights.
A Chicago motorcycle accident attorney from our team can help you understand your situation better and navigate motorcycle accident settlements.
Damages in Motorcycle Accident Cases
In a personal injury claim, the “damages” are the financial compensation you can receive as the injured person. These damages can help cover the losses you’ve experienced due to the motorcycle accident. The damages are designed to help you feel “whole” again as much as possible by providing compensation for economic and non-economic losses.
Types of Damages
In motorcycle accidents and other personal injury cases, damages fall into two categories: economic and non-economic. Each type of damage has a different goal in compensation, but they both strive to provide the victim with the financial means to cover their losses from the motorcycle accident.
Economic Damages
Economic damages are known as special damages. These are quantifiable monetary losses you have because of the accident. These damages can be calculated accurately based on receipts, bills, and other documentation.
Medical Expenses
Medical expenses are among the most common and important compensation awarded in personal injury claims. Motorcycle accident injuries are generally more severe than car accident injuries, so covering medical expenses in a settlement is a huge part of these cases.
This type of economic damage will cover all past and future medical bills related to the motorcycle accident, including:
- Hospital stays
- Surgeries and other medical treatment
- Doctors visits
- Medication costs
- Medical equipment
- Rehabilitation and physical therapy
- In-home care services
Lost Wages
Another major component of economic damage is lost wages. Your motorcycle accident settlement will account for the money you’ve lost for not working while healing from your injuries. Whether you’re temporarily out of work, no longer able to earn as much as you were before, or permanently unable to work, lost wages can assist. This includes:
- Lost wages from time off work for medical treatment and recovery
- Future lost wages if you can’t return to work for an extended time
- Commissions, bonuses, or other forms of compensation that you would’ve earned had you been able to work
How much your settlement is impacted for lost wages depends completely on your job, how long you’ll be out of work, and whether you can return to your previous job.
Lost Earning Capacity
Sometimes, motorcycle accident injuries can be so serious that the injured person can no longer return to work at all or in their previous capacity. If that happens, lost earning capacity is another economic damage that can be included in the final settlement. This type of compensation will take into account:
- The impact of permanent disabilities on future career prospects
- The difference between pre-accident and post-accident earning potential
- The cost of vocational training or rehabilitation to obtain a new job or career
For those interested in pursuing compensation for lost earning capacity, partnering with experts will help solidify the need. Economic experts and vocational specialists can be particularly helpful.
Property Damage
Those injured in a motorcycle accident can also pursue compensation for property damage. This is more straightforward and includes compensation for any property of the injured person damaged due to the accident. It usually covers:
- Repair or replacement of the motorcycle of parts or the entire motorcycle
- Replacement of any riding gear damaged in the accident, like jackets, boots, or helmets
- Compensation for personal belongings, like a phone, destroyed in the accident
Non-Economic Damages
Non-economic or general damages are more subjective than economic damages and much harder to quantify. These damages help compensate the motorcycle accident victim for intangible losses that we can’t put an exact dollar amount to.
Pain and Suffering
Pain and suffering are damages that will compensate the injured for the physical pain, emotional distress, and discomfort the accident and injuries have caused. This is a broad damage awarded in the average motorcycle accident settlement and can include compensation for:
- The emotional trauma that the accident and injuries caused or exasperated
- Acute pain experienced right after the accident happened
- Discomfort and inconvenience that the recovery process causes
- Chronic pain that lasts long after when the injury originally happened
The problem with seeking pain and suffering compensation is that it’s hard to quantify since there’s no objective measure for pain. When calculating pain and suffering, the insurance company might consider the extent of the injuries, their severity, the duration of recovery, and how the injuries have impacted the injured person’s daily life.
Emotional Distress
Many people assume emotional trauma and distress fall under pain and suffering, but it’s a different damage. Emotional distress helps compensate for the psychological impact of the motorcycle accident. Some of the things that this can include are:
- Fear of riding a motorcycle again
- Anxiety and depression
- Post-Traumatic Stress Disorder (PTSD)
- Sleep disruptions, like insomnia or nightmares, associated with the motorcycle accident
- Loss of self-esteem or confidence because of visible injuries or disabilities
To help prove emotional distress in a motorcycle accident case, it’s helpful to speak with experts like mental health professionals. They can provide testimony that corroborates your medical records and proves the mental health impact the accident has had on the injured’s life.
Loss of Enjoyment of Life
Motorcycle accidents can make it more difficult for someone to enjoy their life as it was before the accident. The insurance company might pay damages for loss of enjoyment of life to compensate for:
- Reduced quality of life due to permanent injuries and disabilities
- Inability to participate in activities or hobbies that accident victims previously enjoyed
- Loss of physical abilities that were important to the injured’s lifestyle
- Inability to engage in social activities or maintain relationships like they were able to before
Compensation for loss of enjoyment of life helps recognize that the damages of a motorcycle accident go far beyond just the physical injuries and financial losses.
Loss of Consortium
In some motorcycle accident settlements, the spouse or family members of the accident victim can claim damages. They can sometimes claim damages for loss of consortium. This type of compensation recognizes the impact the motorcycle accident injuries might have on their close relationships:
- Loss of ability to provide childhood care or household services
- Loss of companionship and emotional support
- Loss of sexual relationship between spouses
- The strain on family relationships because of the victim’s injuries
Even though it’s the spouse or family member seeking compensation for these damages, they’re usually filed in conjunction with the victim’s personal injury claim.
Factors Affecting Damage Awards in Motorcycle Accidents
No two motorcycle accidents and their subsequent motorcycle accident cases are the same. Several factors will influence the compensation an insurance company is willing to provide for your case. Understanding these factors will help you and your attorney build a stronger case and maximize compensation in your motorcycle accident case.
Severity of Injuries
Of all the factors contributing to your motorcycle accident settlement, the severity of the injuries is arguably the most important. The severity of the injuries directly impacts the amount of compensation that someone will receive. Usually, the more severe the injuries, the higher the settlement. This is because more severe injuries result in:
- More extended periods of lost wages and possibly permanent loss of earning capacity
- Extensive medical treatment and higher medical bills
- More significant pain, suffering, and emotional distress
- A larger impact on the accident victim’s daily and quality of life
A motorcycle accident that results in a catastrophic injury like traumatic brain injuries (TBIs), spinal cord injuries, or amputations will result in higher compensation because of their drastic, life-altering nature and long-term impacts.
Liability and Fault
The degree of fault assigned to every party involved in the motorcycle accident can change the compensation the injured party is awarded. In some states and jurisdictions, comparative negligence applies. This means that if the motorcycle rider is found to be partially at fault for the accident, their compensation will be reduced proportionately.
For example, if the injured rider is found to be 15% at fault for the accident, their total settlement will be reduced by 15%.
Evidence and Documentation
How strong the evidence is, as well as its quality, will impact the settlement. Strong evidence helps prove the extent of the damages you’re fighting for and supports any claims you make. Some essential pieces of evidence you and your motorcycle accident lawyer can use to defend your position include:
- Police reports and accident scene videos and photos
- Medical records that showcase injuries and treatment plans
- Expert testimony from medical professionals, accident reconstruction specialists, or economists
- Witness statements that corroborate your account of the accident
The Role of a Motorcycle Accident Lawyer
Navigating through the legal landscape as you pursue compensation after a motorcycle accident can be complicated and stressful, especially when recovering from injuries. That’s why hiring a motorcycle accident lawyer is the best thing you can do for yourself. They can help you seek justice and compensation for your losses while you heal.
Calculating and Proving Damages
An experienced motorcycle accident lawyer can calculate all your damages accurately. This ensures that no potential compensation is overlooked. This includes:
- Gathering and organizing evidence to support your claims for non-economic damages
- Working with medical experts to project future medical expenses
- Consulting with economists to calculate lost earning capacity
- Presenting a strong case that demonstrates the full extent of the motorcycle rider’s losses
Negotiating with Insurance Companies
Dealing with an insurance adjuster and their company isn’t always a pleasant experience. A great personal injury attorney will negotiate insurance claims directly with the insurance company on your behalf. They can:
- Handle all communication with insurance adjusters
- Negotiate to secure the maximum settlement that people in your case
- Recognize and counter lowball offers
- Advise clients on whether they should accept a settlement or continue negotiating for better terms and pursue further legal action
Having an attorney on your side can drastically increase your chances of receiving a fair settlement that accurately compensates you for your losses.
Representing You in Court
Experienced motorcycle accident attorney isn’t afraid to fight for your rights in court. If your case goes to court, your attorney will fight tirelessly for your settlement. They’ll:
- File the lawsuit and handle all legal procedures
- Conduct discovery to gather more evidence
- Present a compelling case
- Advocate for the maximum compensation on your behalf
Expert Legal Counsel for Your Motorcycle Accident Claim!
If you or a loved one have been injured in a motorcycle accident, Rosenfeld Injury Lawyers is prepared to help you secure a motorcycle accident settlement. Our team is experienced and compassionate, allowing us to guide you through the motorcycle accident settlement process easily.
We offer free, no-obligation consultations and operate at a contingency fee. Call (888)-424-5757 to speak with an experienced motorcycle accident attorney