What Compensation Can Be Recovered in a Motorcycle Accident?
Being involved in a motorcycle accident can lead to severe injuries, along with financial stress as you try to pick up the pieces and recover. A motorcycle accident claim in Los Angeles has the power to make you whole again by offering financial compensation to replace your losses. You may be eligible for various types of compensation, depending on your case.
Medical Bills
Economic damages in a motorcycle accident case refer to the monetary losses incurred by the injured motorcyclist. If the claimant suffered physical injuries, this damage category will include medical bill coverage.
Recoverable medical costs include:
- Emergency care
- Ambulance fees
- An overnight stay in a hospital
- Surgeries and procedures
- X-rays and other tests
- Treatments
- Medications
- Medical devices
- Physical therapy
- Rehabilitation
- Live-in care
Motorcycle accidents can cause severe to catastrophic injuries to the rider. This makes it important to understand the full costs of medical care, including future necessary treatments or long-term care.
Lost Wages
While undergoing medical treatments or in recovery from a motorcycle accident injury, the rider may be unable to go to work. These temporary lost wages can be included on an injury claim for reimbursement. If the motorcyclist sustained long-term or permanent injuries that will affect his or her future ability to earn a living, this can also be listed as a compensable loss on an insurance claim.
Property Repairs
The amount of money it will take to repair a damaged motorcycle and restore it to its pre-crash condition can be compensated in a motorcycle accident claim. If an insurance company determines that the damage is extensive, making the motorcycle a “total loss,” it will offer the full pre-crash value of the vehicle instead to fund a replacement.
Pain and Suffering
Personal injury claims in California do not only offer the opportunity to recover economic damages; noneconomic or intangible damages can also be paid to a motorcycle crash victim. These are also known as pain and suffering, and can include physical pain, emotional distress, mental harm, psychological trauma, post-traumatic stress disorder, anxiety or depression, loss of enjoyment of life, and loss of consortium.
Punitive Damages
In rare cases, a motorcycle accident victim can be awarded punitive or exemplary damages in addition to compensatory damages. Punitive damages are meant to punish a defendant for especially egregious acts of wrongdoing, such as gross negligence, fraud, malice or oppression (California Civil Code § 3294). To qualify for this additional type of compensation, the victim must prove his or her eligibility based on the circumstances surrounding the crash.
How Is Liability for a Motorcycle Accident Determined?
Having someone else pay for your motorcycle accident in California requires filing a claim against the at-fault party and proving their negligence or fault using compelling evidence. Negligence refers to a lack of proper care, such as a motor vehicle driver speeding or driving under the influence.
Liability for a motorcycle crash is generally determined by investigating the cause of the accident. California is a fault state, meaning the at-fault party is required to pay. From evidence such as police reports and accident reconstruction, investigators can determine which party is to blame. From there, the injured victim can file an insurance claim and negotiate a fair and full settlement for all losses suffered. Give yourself the best chance of securing maximum financial compensation for your recent motorcycle crash by working with an experienced Los Angeles injury attorney at Rose, Klein & Marias, LLP.