If a motorcycle accident causes serious injuries and damages, riders can pursue compensation from the at-fault driver. The types of compensation that are recoverable will depend on the severity of the rider’s injuries and the extent of damages. Compensation may address not only the injured motorcyclist’s financial losses, but physical and emotional damages as well.
Calculating Actual Damages: Medical Care
Some of the compensation recoverable in a claim is based on actual damages that the rider suffered. The intention is to make the injured person financially whole again.
Most common is compensation for the medical bills incurred. But compensation in the accident claim may address not only the rider’s immediate medical needs but future ones, too.
For instance, the motorcyclist might initially incur medical bills for ambulatory services and hospitalization. The biker can recover costs for treatment or care in the days following the accident. But if the injuries are severe and ongoing care is required—such as a future surgery—then the motorcyclist may also recover those costs.
Disabling injuries may lead to additional expenses, such as to cover a wheelchair or the cost of a prosthetic device. Riders should address these costs in their accident claim as well.
Right after the accident it’s difficult to know the extent of future medical care that will be necessary. It’s best to wait until the patient undergoes all treatment or the doctors are able to provide an accurate prognosis of the rider’s condition. This way the motorcyclist can ensure all medical bills are addressed.
Other Actual Damages Recoverable in a Claim
Actual damages may also include the motorcyclist’s missed time from work. Any loss of earnings that stems from injuries is generally included in a claim. And since workers may miss extensive time during recovery or miss time when undergoing additional treatment in the future, claimants should address those wages as well.
Sometimes the extent of one’s injuries is so great that the individual is permanently disabled. Whether the individual cannot work at all or must take a lower-paying position, the claimant can pursue compensation to address these wage losses.
Finally, costs related to property damage could also be recoverable. This includes the costs to repair or replace the motorcycle, as well as other personal property damaged in the wreck.
Including Noneconomic Damages in Accident Claim Compensation
Not all damages in a motorcycle accident are financial in nature. Physically, the motorcyclist might be suffering losses. Whether it’s a disfiguring or disabling injury, chronic pain or other debilitating symptoms, claimants can address these damages through pain and suffering compensation.
An accident victim can also suffer emotionally, especially when the crash has altered one’s life. A claim can address the impact of psychological losses through damages such as mental anguish or emotional distress. And if the person requires treatment for these injuries, those costs may also be included in a claim.
Tragically, some motorcycle victims lose their lives. When that happens, dependents can pursue compensation that includes not only the actual damages already mentioned, but other damages related to the effects of the wrongful death on the beneficiaries.
A wrongful death claim could include compensation such as loss of companionship for a spouse and loss of nurturing and guidance for a child. Additionally, the claim can address reasonable burial and funeral expenses.
Gacovino, Lake & Associates Can Help
Contact an attorney at Gacovino, Lake & Associates to get legal help as you pursue damages related to your motorcycle accident or that of a loved one. Call us at 800-246-4878 to set up your free initial consultation.
