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Damages Paid in Serious Motorcycle Accident Claims?
A motorcycle accident can leave a rider with serious, catastrophic, or fatal injuries. A rider may be left with permanent disabilities, even in slow-speed collisions. Valuing the damages paid in compensation demands the help of a Ventura motorcycle accident lawyer to perform a comprehensive evaluation to ensure the value of all damages is vigorously pursued, including the following:
- The extent of the injuries
- The estimated time a motorcyclist will need to recover
- The length of time the victim will be unable to work, whether weeks, months, or years
- The cost of past, current, and future estimated medical care and treatment
- The degree of pain and suffering related to the injuries
Personal losses such as loss of consortium (The loss of companionship, affection, assistance, or intimate relations)
Types of Injuries in Motorcycle Accidents in Ventura: The Impact on Compensation
When a motorcycle accident has left a rider disabled, the compensation pursued must reflect the challenges the victim will live with in the future. When a rider’s life has been significantly altered due to a driver’s negligent driving behavior, the driver must be held accountable for what they have done.
Pursuing full compensation can involve filing a claim with the driver’s insurance company responsible or a lawsuit in civil court. Most motorcycle accident injury claims are settled outside of court, but it is necessary to file a lawsuit to seek justice in some cases. In either case, our dedicated personal injury lawyer at Skinner Law Corp can help
Types of Compensation in Motorcycle Accident Claims in Ventura
If you were injured in a motorcycle accident, you may be entitled to several types of compensation. At Skinner Law Corp, we fight to ensure our clients receive the full financial recovery they deserve. Compensation in motorcycle accident cases can include:
Medical Expenses
This covers the cost of emergency care, hospitalization, surgeries, medications, physical therapy, and any ongoing medical treatment related to your injuries.
Lost Wages
If your injuries prevent you from working—temporarily or permanently—you may be compensated for lost income and changes to your future earning capacity.
Pain and Suffering
The pain and suffering compensation will include compensation for physical pain, emotional distress, and the overall impact the accident has had on your quality of life.
Property Damage
You can recover the cost to repair or replace your motorcycle and any other personal property damaged in the crash.
Loss of Consortium
In some cases, your spouse or close family members may be entitled to compensation for the loss of companionship and support resulting from your injuries.
Punitive Damages
Punitive damages could be awarded in rare cases where the at-fault party acted with extreme negligence or recklessness. These damages are intended to punish the party responsible and deter similar behavior.
How Long Do I Have to File a Claim?
Under the California Code of Civil Procedure, you have two years to file a claim to recover damages for an injury or the wrongful death of a family member. It is of utmost importance to initiate legal actions to recover compensation as early as possible after the motorcycle accident. As the days and weeks pass, evidence could be lost or destroyed, eyewitnesses may become harder to find, and memories about what occurred can fade. Gathering and preserving all supporting evidence as early as possible after the accident is vital.
Types of Injuries: High-Value Settlements and Jury Awards
Some types of injuries will require a high-value settlement or jury award. These are very serious, catastrophic, or fatal injuries, including the following:
- Spinal cord injuries
- Traumatic brain injuries
- Serious or multiple fractures, broken hips, elbows, knees, etc.
- Disabling injuries
- Serious internal injuries requiring surgical intervention
- Back injuries with long-term pain and discomfort
- Neck injuries with severe, lasting pain
- Fatal injuries
Wrongful Death Claims in Motorcycle Accidents
A wrongful death is defined in the Code of Civil Procedure, 377.60 as “A cause of action for the death of a person caused by the wrongful act or neglect of another by the decedent’s personal representative on their behalf.” Based on a family’s situation, individuals with the right to file a claim include the surviving spouse, domestic partner, children, and others. The compensation sought can help the family rebuild their lives after the tragic loss of a loved one, with their expenses covered. For a successful claim, the evidence must prove that a driver acted negligently, causing an avoidable collision with a motorcyclist, had the vehicle driver exercised reasonable care.
Proving Negligence—What Does it Entail?
All personal injury claims are based on the legal concept of negligence. In most motorcycle accident cases, recovering compensation requires proving the other driver failed to act with reasonable care and that failure was the underlying cause of the injuries. At Skinner Law Corp, we help our clients build strong personal injury claims by establishing the key elements of negligence:
Duty of Care
Every driver is legally obligated to operate their vehicle safely and follow traffic laws. This duty extends to motorcyclists just like it does to other drivers.
Breach of Duty
We must show that the other party breached this duty—with driving conduct such as speeding, texting while driving, failing to yield, or unsafe lane changes.
Causation
It must be established that the other party’s actions directly caused the accident and the resulting injuries. Proving this may require the assistance of an accident reconstruction specialist, witness testimony, and video.
Damages
Finally, we must demonstrate that you suffered actual damages—such as physical injuries, lost wages, medical expenses, or pain and suffering—due to the crash.
Proving negligence can be challenging—particularly if the driver’s insurance company attempts to shift blame or downplay the extent of the injuries. Ensuring you have an experienced attorney on your side is extremely important.
At Skinner Law Corp, our founder, Troy Skinner, will ensure every form of compensation will be pursued in your claim or lawsuit. Call us at 310-356-0074 for a personal consultation.
