Types Of Damages You Can Seek In A Motorcycle Accident Case
Posted on June 27, 2022 in Motor Vehicle Accidents
Motorcycle accidents often seriously injure the rider and passenger and are the leading cause of death for Americans under 30. Every year, the number of serious injuries and death occurring from motorcycle accident cases continues to rise. Motorcyclists are also four times more likely to be hurt and have life-threatening injuries compared to people traveling by car. Motorcycle accidents are also among the most serious types of vehicle accidents. If you or a loved one has been injured in a motorcycle accident, you may be able to recover lost wages, financial compensation, and other damages by filing a personal injury lawsuit. However, the negligence of another driver or the other party has to be proven before these damages are awarded. Read on to find out more about the different types of damages you can seek in a motorcycle accident.
You can recover past and future medical expenses incurred as a result of the motorcycle accident. If you suffer from any mental or physical injury due to the accident which requires medical care, you are also able to claim this. Moreover, if the doctor advises that you require additional medical treatment in the future for your medical injuries, you are also able to claim the cost of that treatment. When recovering medical expenses, it is important to note that medical expenses incurred in the future because of the accident should be a scenario that is likely to occur and not a speculative scenario.
Loss of Future Earnings
This refers to the loss of your earning capacity both in the future and in the past. It also refers to lost wages and the loss of financial opportunities due to your injury and being unable to work. If your injury is so severe to the point where you are no longer able to do your previous job and have to work in a job that earns lesser wages, the court would also consider this as a loss of earning capacity, assuming that this continues for a long time or the rest of your life. Courts usually use a ‘multiplier-multiplicand’ method to calculate the loss of future earnings that you would suffer as a result of your injury.
General damages are damages that compensate for losses arising from the injury and could include loss of limbs, pain, and suffering. To claim damages for pain and suffering, you need to be conscious at the time of the injury and the amount you can claim would depend on the severity of the pain and whether the pain is temporary or permanent. This pain could also be the psychological and mental pain and trauma associated with the accident experience. General damages also consist of things that you are no longer able to do or enjoy due to the injuries afflicted by the accident.
Punitive damages are awarded to the victim as a form of punishment for the other party due to their reckless and wrongful actions. Punitive damages are awarded when the conduct of the other party is so outrageous that it warrants some form of punishment, condemnation, and deterrence.
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Our team of attorneys at Pazer, Epstein, Jaffe & Fein, P.C. are experienced and highly skilled and will dedicate themselves to ensure that you get the compensation you deserve.
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