The injuries sustained in motorcycle accidents can be severe, resulting in medical bills that can add up quickly and loss of income from being unable to work. This combination of expenses and emotional pain can significantly reduce a victim’s quality of life, making it crucial to seek full and fair compensation. The insurance company of the responsible party will likely try to minimize the settlement amount, so having an experienced attorney on your side is critical.
The type of damages a plaintiff can receive in a motorcycle accident lawsuit varies from state to state, and depends on the severity of the injuries. However, there are a few types of damages that are fairly standard across the country. Medical bills: The cost of any physical or mental health care you require as a result of your crash can be included in your claim. This may also include future medical bills if your injuries are long-lasting or permanent. Additionally, if you are unable to work due to your injuries, then the responsible insurance company can reimburse you for any lost income.
Other tangible damages: These are a little easier to quantify, as they typically involve concrete amounts that you can prove through evidence. The most common examples of tangible damages in a motorcycle accident lawsuit include property damage to your bike, vehicle repairs or replacement costs, and any income you have lost due to being unable to work.
Pain and suffering: This is a difficult thing to pin down, since every case and jury is different. However, it is often determined by the degree of your injuries and how they have affected your quality of life. For example, if you have a permanently limp, but were able to participate in various sports and outdoor activities before the accident, then your damages will be higher than that of someone who is completely paralyzed.
Fault analysis: In New York, if more than one person contributes to an accident, then New York law requires that your share of the fault be determined. Your lawyer will evaluate the available evidence and consult with experts if necessary to determine who was at fault for your motorcycle accident.
Never apologize or admit fault at the scene of the accident – this can dramatically impact your chances of a successful settlement. It is also important not to give statements or sign anything unless you have consulted with an experienced motorcycle accident attorney. Witnesses and other individuals at the scene of the accident can take anything you say and twist it to place liability on you, so always speak to a legal professional first. You should also save any documents and evidence, including photos or videos, that can help your case. The attorneys at Finkelstein & Partners can evaluate these materials during a free consultation and advise you on what to keep or discard. This will ensure that you do not lose valuable evidence or provide information that would contradict your claim.