Apart from financial burdens, motorcycle accidents may cause severe injuries. Because of this fact, victims must understand the damages they are entitled to claim. In South Bend, victims are entitled to various heads of compensation to cover their losses. A complete understanding of these damages will ensure that the compensation accorded to them after a motorcycle accident is fair and adequate.
Medical Expenses
The most immediate and most troublesome problem a motorcyclist faces after an accident could be the ever-mounting medical bills that include:
- Emergency Room Visits for initial treatment for injuries sustained during the accident
- Surgery to deal with fractures, internal injuries, or other severe trauma
- Time in the hospital while treatment is administered for critical injuries
- Prescription medications that are necessary for pain management or recovery.
For the most serious injuries, long-term treatment may also include specialized rehabilitation or home care. Future medical treatment, which can include follow-up surgeries or continuing physical therapy, must be documented and added to the claim. Competent lawyers like Blackburn Romey, have to make sure that the calculation of all current and future medical costs is done correctly for the claim.
Lost Wages and Earning Capacity
Motorcycle injuries can be so severe that time off work is a common consequence, resulting in lost wages. In serious cases, a victim may suffer reduced earning capacity or permanent inability to work. Lost Wages are damages for income lost during one’s recovery, including missed salaries, bonuses, or commissions while reduced earning capacity is a result of injuries that do not allow the victim to go back to their old job or affect their capacity to work in the future. An experienced lawyer will painstakingly calculate these damages so that the short-term and long-term financial impacts are well considered to secure the financial stability of the victim during and after recovery.
Property Damage
Motorcycles in most cases sustain severe damage or are complete write-offs at the site of an accident. The victim can be compensated based on repairing the motorcycle or replacing it in case it is written off; Damages for personal property such as a helmet, protective gear, or anything else that was part of the collision. Insurance companies often lowball the value of property damage. An experienced attorney can negotiate on behalf of the value by using evidence of repair estimates and replacement costs.
Pain and Suffering
Besides the physical trauma, motorcycle accidents leave long-lasting effects on the emotional and psychological states of victims. Damages for pain and suffering account for:
- Physical Harm: The severity of the physical injury and resultant period of suffering of the victim.
- Emotional Trauma: Anxiety, depression, or post-traumatic stress disorder fomented by the accident.
- Decreased Quality of Life: This is in regard to those everyday activities, hobbies, and associational activities that were not possible because of an injury.
These types of non-economic damages are way more subjective and necessitate expert representation in valuing such intangible losses for appropriate compensation. Lawyers review applicable factors such as the extent of injury, duration of recuperation, and impact on a victim’s lifestyle for calculating the amount.
Loss of Consortium
The impact of a motorcycle accident will not only be felt on the victim but also on all their loved ones. These damages are given to compensate family members for the loss of the emotional connection shared with the victim; loss of intimacy, support, or guidance; and impact on children who may lose a parent’s care and involvement. These non-economic damages acknowledge the emotional suffering the family of the victim experiences and seek to give some comfort to the victims for their pain and suffering.