What Possible Damages Could Be Awarded After a Motorcycle Accident?
Experiencing a motorcycle accident can overwhelm you with pain and suffering. Unfortunately, these physical and emotional ordeals are often exacerbated by the financial burdens imposed on the victims.
Understanding your rights after a motorcycle mishap is imperative. Our adept lawyer for motorcycle accident cases at Steelhorse Law can guide you, ensuring your rights are well-protected.
Proving Negligence in a Motorcycle Accident
To seek justice after a motorcycle accident, illustrating negligence's role in the mishap is essential. This entails showcasing that the elements of negligence were present during the incident. These elements of negligence comprise:
- Duty of Care: Initially, establishing that a duty of care existed is necessary. Every motorist must extend a duty of care towards other drivers on the road, which encompasses avoiding actions that could harm others.
- Breach of Duty of Care: Subsequently, illustrating a breach of the duty of care is crucial. Common breaches in motorcycle accidents include speeding, impairment, distractions, and failing to yield the right-of-way. Providing evidence of such a breach at the time of the accident is mandatory.
- Causation: Hereafter, proving that the breach of duty of care precipitated the accident is necessary. This entails demonstrating that the defendant's reckless action directly resulted in the accident.
- Damages: Lastly, exhibiting that you incurred damages from the accident is required. Damages could be either economic or non-economic.
In personal injury claims, the preponderance of the evidence standard necessitates presenting evidence substantiating that your claim is more probable than not. Engaging a lawyer for motorcycle accident victims enhances your chances of attaining justice.
Upon establishing negligence per the preponderance of the evidence standard, you are entitled to compensation for the endured damages. These damages are categorized into economic and noneconomic types. Economic damages encompass:
- Medical expenses: Costs for doctor visits, hospital stays, medication, and other healthcare services required due to accident injuries.
- Rehabilitation costs: Physical or occupational therapy expenses to restore physical function post-accident.
- Property damage: Cost to repair or replace your motorcycle and other damaged personal property.
- Lost wages: Income lost due to the inability to work while recovering, including reduced earning capacity if applicable.
Consulting a property damage lawyer ensures you possess the necessary evidence to substantiate your economic damages after a motorcycle mishap. Additionally, you can claim noneconomic damages, including:
- Emotional distress: Psychological impact caused by the accident, such as anxiety or depression.
- Mental anguish: Suffering or distress resulting from the traumatic experience.
- Loss of enjoyment of life: Diminished ability to enjoy life's pleasures due to accident-induced injuries or trauma.
- Disfigurement: Permanent scarring or physical alterations caused by the accident.
- Loss of consortium: Impaired personal relations or loss of companionship due to accident-induced conditions.
- Pain and suffering: Physical pain and discomfort from injuries sustained in the accident.
Since noneconomic damages lack a precise dollar value, furnishing compelling evidence to support your claim is crucial. Illustrating the accident's impact on your life is essential to maximize the compensation you can retrieve.
Moreover, punitive damages may also be pursued. These are levied to penalize the malefactors, especially in scenarios of gross negligence.
To enhance your chances of securing fair compensation, seeking prompt legal representation from a lawyer for motorcycle accident victims is advised. Your attorney can promptly initiate your case against the liable party.
Call Steelhorse Law Today
At Steelhorse Law, we are committed to assisting injured riders and averting such accidents. Through educational endeavors and thorough investigative practices, we aim to shield the biker community and aid those impacted by motorcycle mishaps.
Trust us to manage your claim proficiently while you concentrate on your physical and mental recovery. With our comprehensive legal support, we work diligently to ensure you receive the rightful compensation for your sufferings and losses. We also provide a detailed analysis of your case, outlining the best action to secure a favorable outcome.