Motorcycle accidents happen every year in the United States, and with them come serious injuries. You may ask yourself: If I’m involved in a motorcycle accident, what should I do? Where should I turn? If you have become hospitalized due to a motorcycle accident, there may be more to worry about than injuries – you may have also missed days at work or had to sacrifice your time for physical therapy to get back on your feet. Therefore, the amount of compensation you may be entitled to can vary depending on these circumstances.
What do Liability and Damages Have to do With My Case?
- Liability: This is a term to explain who was at fault for your accident.
- Damages: This deals with the injuries and other losses that were suffered in connection to the accident.
When it comes to liability, there are some things you have to consider. Was the person who hit you being negligent? This means that they were careless and acted in a way that most others wouldn’t, given the situation. Could you prove that the other driver was being negligent? It is the plaintiff’s responsibility to prove that the defendant was being negligent and, if this cannot be proven, the case will not be worth too much. On the other hand, the amount of damages will be higher in a case where an injury is quite significant. Knowing about liability and damages can help you better understand your case as a whole.
How do you Calculate Damages in a Motorcycle Accident Case?
First of all, there are damages that are capable of exact calculation, also known as “special damages.” Special damages are the plaintiff’s past, present, and future lost earnings and earning capacity. These things can include employment benefits, medical bills, and more financially. Special damages are always calculated to the dollar, so you can get a better idea of things.
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Secondly, there are damages that are not capable of exact calculation. One example of these is pain and suffering. This is because there are no guidelines for making these determinations due to the fact that a jury can’t just look at a chart and decide upon that. Judges, in these damage cases, will instruct juries to use their good sense, background, and experience to determine things like pain and suffering.
I Have Health Insurance Coverage or Paid Sick Leave From Work. Will this Limit my Recovery for my Motorcycle Accident?
If you were injured in a motorcycle accident, you either paid for medical care using your own insurance coverage or made the decision to pay out of pocket. However, this is not relevant to your case and how recovery comes into play. The only thing that you must keep in mind is that your own health insurance carrier may require that you reimburse it. This reimbursement can come either from your settlement or your award, for some or all of the amounts it has paid to treat your injuries.
How do you Calculate Lost Earnings and Future Lost Earning Capacity?
Making a calculation for lost earnings is easy, because all you have to do is add up the earnings and employment benefits that you lost from being out of work. However, calculating future lost earning capacity can be a bit more difficult. For this, you will generally need an attorney and an economic expert to assess these earnings. One thing to take into consideration is work life expectancy, which is a statistical measure based on federal government statistics of how many more years a person is reasonably expected to work. This is all based on a person’s age, sex, and race.
All these things taken into consideration, it is best to seek help from an experienced attorney you can trust. Call your attorney at MDL today for a free consultation and to have your questions answered! Personal injury involving motorcycles and all other vehicles can be a very complex set of rules and laws that could be difficult to understand. Enlist in help today.