What damages can I recover for a motorcycle accident? You can recover economic damages for costs incurred due to the accident, like medical bills and lost wages, as well as compensation for pain and suffering. Injured motorcyclists often face financial and emotional challenges. If another person’s negligence caused your accident, you can sue for compensation.
The motorcycle accident lawyers at Lloyd Miller Law Group can assess your case and determine the value of your claim. Contact us at 773-838-8100 for assistance.
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Types of Damages You Can Recover After a Motorcycle Accident
Recoverable damages in motorcycle accident cases include both economic costs and non-economic harm, like pain and emotional distress. Damages refer to a monetary amount payable to a victim due to a breach of duty or infringement upon their rights.
Drivers have a responsibility to stay focused and obey traffic laws to ensure safety for everyone on the road, and attempt to steer clear of motorcycle accidents. If a driver is negligent by falling asleep, getting distracted, or driving under the influence, and causes an accident, they can be held liable for damages resulting from that breach of duty.
Economic Damages
Economic damages are granted to compensate for tangible financial losses. These damages are measurable and can be quantified based on the expenses incurred from the motorcycle accident and any future costs affecting you and your family. You can determine these damages through documentation such as bills, receipts, invoices, pay stubs, and estimates.
The main categories of economic damages you may obtain from a motorcycle accident claim include:
Medical Expenses
Medical damages include expenses for hospital bills, surgeries, medications, rehabilitation, and other healthcare services needed due to an injury. For instance, if you suffer a severe injury in a car accident, these damages may cover emergency care, surgeries, physical therapy, and ongoing treatment. If long-term medical care is necessary, like home assistance or future surgeries, those costs may also be included in the motorcycle accident claim. Medical damages address past, present, and future medical needs to help the plaintiff recover and regain a normal life.
Lost Wages and Income
Lost wages and income damages compensate for earnings lost due to an injury that prevents you from working. This includes past and future income that you would have earned. For instance, if a workplace injury keeps you from your job for months, you may receive compensation for those lost wages.
Permanent disability
The severe injuries you suffered in the motorcycle accident could result in a lasting disability that prevents you from resuming your previous job. If you cannot return to your regular employment or if your earning capacity has diminished, you may be eligible for compensation to cover the income difference before and after the accident or for vocational training that could help you secure a new job suited to your capabilities.
Property Damage
Property damages refer to the costs of repairing or replacing property damaged or destroyed in an accident. This includes vehicles or even personal items. For example, if a driver rear-ends you on a motorcycle, they may have to cover the repair or replacement of your motorcycle. These damages arise when an accident necessitates property repairs or replacement.
Non-Economic Damages
You might suffer mental, physical, or emotional harm as a result of an accident. These types of harm don’t have a straightforward monetary value, yet they can impact your life. Compensation for these intangible losses following an accident is known as non-economic damages.
Non-economic damages in motorcycle accidents are awarded in addition to any out-of-pocket expenses, with the amount determined by a jury based on specific hardships that have not already been factored into your injury totals. Since the jury must assign a financial value to aspects that are difficult to quantify, like the loss of enjoyment of life, the awarded amount for pain and suffering can differ from case to case. For instance, a biker who loses an arm in an accident will experience income and medical losses as well as potentially the inability to pursue certain hobbies, diminished parenting capabilities, feelings of depression, disfigurement, or a decreased enjoyment of life.
Pain and Suffering
Compensation for pain and suffering is intended to address the physical discomfort, emotional turmoil, and mental distress caused by your injury. These damages are subjective and can differ based on the severity of your injury and how it affects your life. For example, if you experience persistent pain, or a disability following a motorcycle accident, you might be eligible for compensation for your pain and suffering.
The amount awarded for pain and suffering is determined by the intensity of physical pain you experience and any decline in your quality of life due to your injury.
Emotional Damages
Emotional damages, often referred to as mental anguish damages, provide compensation for psychological harm such as anxiety, depression, fear, or post-traumatic stress disorder that stems from an accident and the effects of your injuries. These emotional challenges can lead to shame or embarrassment, affecting your overall quality of life.
These damages recognize the emotional burden that your injury has imposed on your mental health. For example, if you are involved in a serious accident, the distress you experience may warrant compensation for the psychological effects of the incident.
Emotional damages can be awarded for emotional distress. However, navigating the legal aspects of these damages can be complex, and obtaining recovery may not always be possible.
Loss of Consortium
Loss of consortium damages compensate a spouse or family member for the loss of companionship, support, love, and intimacy due to an injury. This includes the negative impact on your relationship with your spouse or your ability to care for children. Loss of consortium addresses the diminished activities and connection with loved ones resulting from the victim’s disability.
Wrongful Death Damages
In 2022, motorcycle crashes accounted for 12.6% of all motor vehicle fatalities in Illinois. If a motorcycle accident results in a death, surviving family members may be eligible for wrongful death compensation, which can include funeral expenses, lost income, and loss of companionship.
How Economic and Non-Economic Damages Are Calculated
To estimate the worth of your motorcycle injury claim, you must assess economic and non-economic Damages.
Calculating Economic Damages
Economic damages can be understood as the total dollar amount of any expenses you’ve already incurred or expect to incur in the future due to the accident.
Medical Expenses
To assess your medical expenses, you must gather comprehensive documentation of all medical treatments you’ve undergone. This includes bills, receipts, and statements from your healthcare providers. Future medical costs will be projected based on your diagnosis and the likely requirement for continuous care.
Lost Wages and Loss of Earning Capacity
Lost wages are determined by calculating the income you would have generated during your recovery period. You can provide evidence of this with documents like pay stubs, tax returns, and statements from your employer. On the other hand, loss of earning capacity is more complicated. It typically needs the assessment of vocational rehabilitation specialists and economists to evaluate the long-term effects on your ability to work.
Property Damage
The expense of fixing or replacing your motorcycle and other damaged belongings is assessed based on repair estimates, receipts, and appraisals.
Calculating Non-Economic Damages
Non-economic damages don’t have a set formula, so it’s essential to work with a car accident lawyer to estimate their value for your settlement. Determining compensation for abstract concepts like mental anguish and physical pain is subjective. In Illinois, there isn’t a standard method, but two main formulas are often used for these assessments.
Multiplier Method
This approach involves calculating your economic damages and multiplying that total by a factor, typically ranging from 1.5 to 5. The exact multiplier is determined by the severity and pain associated with your injuries. This multiplication gives you the value for pain and suffering damages.
For instance, if you incurred $10,000 in economic damages from a motorcycle accident and your injuries warrant a multiplier of three, you would multiply the economic damages by three, resulting in $30,000 for pain and suffering.
The appropriate multiplier to use in your calculations will depend on:
- The extent of treatment you have received
- Whether ongoing treatment will be necessary
- The likelihood of achieving a full recovery
- The severity of your injuries
Per Diem Method
The second method, referred to as the per diem option, involves assigning a daily rate for pain and suffering and then multiplying that rate by the total number of days you have endured pain since the accident, continuing until you reach maximum medical recovery. The extent of your injuries plays a role in determining what this daily per diem should be.
This method uses your daily income before the accident as a reference point, which can complicate the calculation, particularly for long-term injuries.
Assessing non-economic damages involves a subjective interpretation of how the accident has affected your quality of life. This assessment can be backed up by your medical records, psychological evaluations, and testimonies from yourself and your family or friends.
Comparative Negligence
Illinois follows a system of modified comparative negligence, where each party involved in an accident is assigned a percentage of fault. A driver in a motorcycle accident is not always at fault. If you are party at-fault, you can seek damages only if your level of fault is less than 50% for the injury or damages sustained. However, the amount you are awarded may be decreased based on your degree of responsibility for the incident.
How a Motorcycle Accident Lawyer Can Help Maximize Your Compensation
An Illinois motorcycle accident attorney can assist you in maximizing your compensation by conducting a detailed investigation of the accident, collecting evidence, consulting with experts, negotiating with insurance companies, and representing you in court if needed. They will ensure that all dimensions of your damages are accounted for, including medical expenses, lost income, pain and suffering, and future needs, aiming to achieve the highest possible settlement tailored to your unique situation and in accordance with Illinois law.
Collecting Evidence
Maximizing your compensation hinges on the strength of your case, which relies on solid evidence. Key evidence includes witness statements, police reports, medical records, and accident scene photos. A motorcycle accident lawyer can assist in collecting and preserving this evidence to ensure that you have a solid case, and the best chance of maximizing your compensation.
Calculating Your Damages
A motorcycle accident can lead to considerable financial burdens, such as medical expenses, loss of income, and damage to property. If you have sustained any of the most common injuries from motorcycle accidents, it’s essential to account for any future costs associated with your recovery, even after leaving the hospital. This may involve rehabilitation, ongoing treatment, or medication expenses. The party at fault could be liable for covering these costs as well.
Engaging an attorney can help you identify potential expenses that you might not be considering, and help gather evidence to quantify all current and future expenses. This can safeguard you against inadequate settlement offers and ensure that you receive fair compensation.
Putting a Value to Your Non-Economic Damages
Damages resulting from a motorcycle accident, such as medical expenses and property damage, are classified as economic damages due to their more tangible value. In contrast, non-economic damages are harder to quantify and may include factors like pain and suffering.
It’s undeniable that an individual can face emotional and psychological difficulties after a motorcycle accident. In some cases, you might be eligible for compensation for these struggles. An attorney can evaluate these damages, determine the financial value of them, and use evidence to justify your claim for non-economic damages.
The motorcycle accident attorneys at Lloyd Miller Law Group can assist clients in obtaining compensation that fully addresses their losses. Contact us for support from our motorcycle accident lawyers.
