Recovering damages in a motorcycle incident is possible when the plaintiff is able to succeed in his or her litigation claim against the other driver when a collision causes property damage or physical injury. The various types of damages are generally typical for an auto accident to include items that affect the driver in other ways such as a lack of working during recovery.
When a driver of a motorcycle does encounter an incident such as a collision or another form of accident, he or she must hire a lawyer to pursue damages if the incident was serious enough. Property damage and injury are among the primary reasons to seek legal recourse against the instigator of the crash. Because a passenger or commercial vehicle is larger and heavier than a motorcycle, the wreck usually results in extensive or complete damage to the bike along with serious or grave injuries on the person driving. The bills and future recovery are often crippling without compensation.
Types of Damages to Seek
From any collision, the victim may seek a variety of damages based on what happened in the accident. This could lead to medical bills repaid to the person or an insurance company, therapy for future recovery and medication. If the person cannot work for some time, he or she may recover a portion of lost wages from a job he or she is unable to perform. Property damage compensation is available for the destruction or damaged motorcycle. Pain and suffering receive a percentage calculated by legal experts depending on how extensive the injuries and suffering involved. If the judge feels the driver requires additional punishment, he or she may award the victim with punitive damages added to the other compensation awarded.
The Medical Treatment
When suffering from injuries due to a motorcycle incident, the victim may require extensive surgery, therapy to rework bones and muscles and future medical assistance to provide a better recovery. If the person suffers from neck, back or head injuries, he or she could also suffer from amnesia, paralysis and impairments to motor skills or cognition processes. The need to seek compensation for medical treatment is great for a person without enough insurance coverage to become whole after the accident. The victim cannot fully recover from injuries without monetary assistance when he or she lacks the insurance policy to provide the best chances of moving on from the incident.
Loss of Wages Explained
During the recovery process, the victim may have only the ability to work on getting better. This may require time in the hospital for physical therapy or surgery. During these periods, the person has no chance of working. He or she may have no other coverage to provide for the loss of wages. For an accident on the roads or in traffic, this person may lose his or her job and may need to seek a new one. The damages through wage loss may provide a way to recover a portion of what he or she would earn in an average week.
Property Damage
In the motorcycle incident, the bike often receives sufficient damage to total the machine. By seeking reconstruction, repairs or a new bike, the victim may receive enough in compensation to replace the vehicle. This is important for the person that must seek therapy or treatment and cannot work during this period. For the property damage, the rider may recover and seek employment once the physical injuries heal and therapy ends so that he or she may move nearly or entirely as before. The insurance company may pay for the repairs or replacement with repayment from the defendant when the plaintiff wins the case.
Pain and Suffering
Most accidents that involve pain and suffering will lead to a calculation of these damages based on various factors. The lawyer hired to seek damages may need to determine the fair and reasonable amount based on pain, injuries, loss of limb or motor function and property damage. Pain and suffering generally include emotional and psychological harm from the incident. The judge may award a larger sum depending on the factors involved in the claim.
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