If you are injured in a motorcycle accident that occurs through no fault of your own, you may be eligible for compensation from the at-fault party. To collect damages, you need to hire a motorcycle accident lawyer. Because when you have a motorcycle accident attorney at your side, you can pursue the maximum amount of compensation in a personal injury case.
Gatti, Keltner, Bienvenu & Montesi, PLC is a personal injury law firm that has handled many motorcycle accident cases. Reach out to our law firm today. A motorcycle accident lawyer from our team can teach you about all of the damages you can collect in a personal injury lawsuit and help you take the first step to submitting your request for compensation.
How Damages Work in a Motorcycle Accident Case
Damages refer to compensation given to someone for a wrongful act committed by another. For example, a motorcycle rider can get struck by a negligent driver. The rider can then request damages for losses they incur during the accident.
In a motorcycle accident case, damages fall into three categories:
- Economic: These losses relate to medical bills and other quantifiable expenses.
- Non-Economic: These involve compensation for pain, suffering, and other subjective losses.
- Punitive: Punitive damages are awarded to deter an at-fault party from future acts of negligence.
The team at Gatti, Keltner, Bienvenu & Montesi, PLC has helped motorcycle accident victims secure thousands of dollars in damages to date. To learn more about how we can help you win or settle your motorcycle accident case, get in touch with us. We can help you file your motorcycle accident lawsuit and ask for the most damages possible.
Why You Can Get Damages After a Motorcycle Accident
Motorcycles make up approximately 3% of all registered vehicles in the United States, according to the National Safety Council. Riders are involved in motorcycle accidents every day. These accidents cause minor and major injuries and other damages that impact a rider’s bottom line.
Following a motorcycle accident caused by a negligent motorist, you can request damages for a variety of reasons, such as:
Medical Costs
You can suffer a wide range of injuries in a motorcycle accident — everything from a traumatic brain injury to bumps, burns, and bruises. The costs to treat and recover from these injuries can be substantial. With a motorcycle accident lawsuit, you can request compensation for your immediate and long-term medical expenses.
Repairing or Replacing Your Motorcycle
A motorcycle can cost thousands of dollars, regardless of whether you buy it new or used. Or, if you drive an antique motorcycle, it may be difficult or impossible to replace your vehicle. After a motorcycle accident, you can seek damages for any expense to repair or replace your bike since the damage was caused by a negligent motorist.
Lost Wages
A motorcycle accident can cause injuries that hamper your ability to work or diminish your earning capacity. This can cause you to lose wages. Thus, you can seek compensation for lost wages in a motorcycle accident lawsuit.
Emotional Trauma
In addition to physical pain, a motorcycle accident can cause you to experience stress, anxiety, and other emotional and mental health issues. You may need to meet with a mental health therapist or other care provider to address such problems. Meanwhile, you can request compensation relating to any emotional trauma.
Wrongful Death
You can lose a family member in a motorcycle accident. At this point, you can file a wrongful death lawsuit against the at-fault party. This allows you to seek compensation for lost income or other harm you experienced due to your loved one’s death.
The bottom line: it is in your best interests to seek damages after a motorcycle accident caused by an at-fault driver. You can work with a motorcycle accident lawyer who can help you do just that. The attorney can calculate your damages and help you request an appropriate amount.
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How Long It Takes to Get Damages After a Motorcycle Accident
When you hire a motorcycle accident lawyer, do not expect your attorney to get the money you want immediately. A motorcycle accident case can take months or years to resolve. Once your lawsuit is filed, your attorney will negotiate with the defendant’s lawyer in the hopes of reaching a settlement.
In a settlement negotiation, there is no pressure to accept a proposal that is not what you want. Your attorney keeps you in the loop if the defendant proposes a settlement. When this happens, you have the option to approve, decline, or counter the offer.
If you believe a settlement is less than what you expect, you can reject the proposal without penalty. You and your attorney stay focused on what is most important: winning or settling your case. In instances where no settlement is reached, your motorcycle accident case goes to trial.
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How Much Damages You Can Receive in a Motorcycle Accident Trial
A judge or jury looks at your evidence and testimony and the defendant’s in your motorcycle accident trial. Then, the judge or jury renders a decision. If the defendant is found to be fully or partly responsible for your accident, you may be awarded damages.
In a case where the defendant is deemed 100% responsible, you will receive full damages. The judge or jury will announce its decision, and the defendant is required to pay you the compensation you initially requested. As soon as you receive your payment, your case is closed.
Comparatively, you may be found to be partially responsible for your motorcycle accident. Sometimes, if a plaintiff is deemed partly responsible, their damages are reduced based on their percentage of fault. In a situation where you are found to be primarily responsible for your motorcycle accident, you may receive no damages at all.
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Gatti, Keltner, Bienvenu & Montesi, PLC offers legal help to those who want to file a motorcycle accident lawsuit against a negligent motorist. For more information, please contact us today.