Types of Damages on Motorcycle Accident Personal Injury Claims
California is indeed a great state to own and ride a motorcycle — the scenic views, beautiful year-round weather, and the motorcycle culture are extremely inviting. With nearly 900,000 registered motorcycle vehicles, California is the home to most motorcyclists in the nation. Unfortunately, the state also ranks high in the most motorcyclist fatalities in the country.
And it’s no secret as to why! In San Francisco alone, motorcycle riders are a highly vulnerable population of road users. They’re even more likely to experience severe or fatal injuries in road accidents or traffic collisions. The number of motorcycle fatalities is incredibly high; in fact, motorcycle riders are 29 times more likely to be injured in a road collision and four times more likely to die from injuries suffered in the accident.
If you or a family member is a victim of a motorcycle accident, you have the right to recover damages involved from the negligent party. In this blog, we will discuss the different types of damages you can recover.
Understanding the Different Categories of Damages
There are two categories for damages recoverable in a motorcycle crash: general and special damages. Sometimes, they’re also referred to as non-economic and economic damages.
Punitive damages are the third category. This relates to the conduct of the party responsible for causing the collision. For example, the judge or jurors may award punitive damages to the motorcycle rider if a driver intentionally collides with them.
General or non-economic damages involve non-monetary losses. These damages cannot simply be proven through bills or receipts. One of the most common examples of general or non-economic damages is compensation for the pain and suffering of the afflicted party.
On the other hand, special or economic damages can be easily calculated and proven through bills, receipts, employment records, and other pertinent documents. This can also be considered “out-of-pocket” damages since it is the sum paid by the injured party due to the accident. A few examples of special damages are lost earnings, medical bills, and medication costs.
Special Damages in Motorcycle Cases
Since we’ve previously defined special damages, it’s essential to know the various examples in this category. Remember, this category lists everything that financially compensates a victim or an injured party for the out-of-pocket expenses obtained as a result of the motorcycle accident.
Medical Bills and Medication Expenses
No matter how small or big your injury is, the victims always need to get themselves checked. Medical treatment and care provided to the victim by any physicians, hospitals, rehabilitation and physical therapy practitioners, and other healthcare providers can be corroborated and proven through receipts and billing statements.
These billing statements are valuable pieces of evidence that can be used to prove your claim and recover the past, ongoing and projected cost of medical care.
Lost Income
Of course, you need to rest and recuperate from your injuries. This only means that you need to take a leave from work. Since you cannot work, you may recover your loss of salary through special damages. You can submit your payroll records to prove your claim and receive the compensation you deserve. More importantly, you can also be compensated if you’re not fit to return to the same type of work you once had.
Miscellaneous Expenses
You also have the right to special damages if you need assistance from non-medical services due to your injuries. If you need to hire housekeeping or ride services as you heal from your injuries, you can keep the receipts and present them as evidence.
Motorcycle Repair or Replacement
Any costs associated with the repair or replacement of your damaged motorcycle may be recoverable as well. Whether or not you’ve incurred any physical injuries, you can always demand a claim for property damage. This includes the cost to replace it in case the repair exceeds its market value.
You only need to obtain an estimate from a reputable motorcycle repair shop to prove the cost that must be recompensed by the other party. Since the other party most likely has third party liability insurance, their insurance company will also send in an adjuster to evaluate and inspect the damage.
General Damages in Motorcycle Cases
This is relatively harder to quantify given that this category focuses on the non-monetary losses related to the motorcycle accident. Because this isn’t substantiated by bills or financial losses, this significantly varies depending on the case.
Interestingly, these types of damages make up the most significant part of the personal injury claim. Some examples of non-economic or general damages include:
- Pain and Suffering
- Emotional Distress or Mental Trauma
- Scarring or Disfigurement
- Physical Impairment or Dismemberment
- Lowered Quality of Life
Aside from that, people who lost a loved one due to a motorcycle accident caused by someone else’s negligence may be able to claim compensation under the Wrongful Death Statutes, such as:
- Loss of love and companionship
- Loss of household and personal services
- Burial and funeral expenses
Your lawyer becomes the most important factor in compensation for non-economic loss.
Many firms advertise for injury cases and motorcycle cases. Ultimately the reputation of your Lawyer/Law Firm make a huge difference in the compensation you will recover for the most important part of the case, which is the way your injuries affect your ability to enjoy your life. Lawyers with a proven track record of success at trial are much more likely to be able to get you full and fair compensation. It also helps if your lawyer has experience handling the particular challenges presented in motorcycle cases and is an experienced rider as well.
Were You a Victim of a Motorcycle Accident?
Whether you’re injured or lost a loved one due to a motorcycle accident, you may be eligible to file a personal injury claim to seek compensation for the economic and non-economic damages. So, talk to a reputable lawyer today!
Get the compensation you truly deserve with the help of professionals. We understand that taking legal action against a negligent driver may seem quite intimidating, but having an experienced lawyer by your side does help.
Get in Touch with Us Today!
Here at The Cartwright Law Firm, Inc., we go above and beyond as a highly respected personal injury law firm in California. Our motorcycle accident lawyers in California are equipped with the knowledge and tools to help you win your claim. Let us handle all your concerns and fight for the compensation you deserve.
Our team of experts is ready to put our resources and knowledge to help you win your case. So, talk to us today! We represent clients throughout the Bay Area, including North Bay, Vacaville, Oakland, San Mateo, Santa Rosa, San Jose, Fremont, Pacifica, Daly City or anywhere in Northern California.
Our fees are charged as a percentage of any compensation awarded to our clients, and you pay nothing if we fail to win your case. Call us at 415-433-0444 or send us a message today.
