Suffering critical injuries in a devastating motorcycle wreck can turn your world upside down. Not only could you be dealing with catastrophic physical injuries or permanent disability, but the financial losses and extreme emotional distress can make it impossible for you to live your life normally.
Fortunately, with the guidance and resources of a top-rated Phoenix motorcycle accident lawyer from Suzuki Law Offices, you may be able to demand justice and the fair compensation you deserve.
You can take steps to hold the liable party accountable for their negligent actions by fighting for specific damages you can recover after a motorcycle accident. Every single loss should be taken into consideration when we calculate the value of your claim. Here is more about the different types of damages that could be recoverable in your personal injury and insurance claims.
A Look into Compensatory Damages
Compensatory damages refer to the various types of losses you are entitled to recover. They include a combination of economic and non-economic damages. It may surprise you to learn how much your motorcycle accident claim is worth after your Phoenix personal injury lawyer has gone over your losses extensively.
As described by Hofstra Law Review, the elements of negligence must be proven for a civil claim to be successful. The elements of negligence describe how one party is responsible for causing the injuries or damages of another. They include duty of care, breach of duty, cause in fact, proximate cause, and damages.
We must be able to show that the defendant owed you a duty of care and breached that duty. This breach in the duty of care must be the cause of the injuries you sustained and the damages you suffered in your motorcycle accident. Your damages do not necessarily need to be life-threatening, but they should be impactful for your lawsuit to produce a successful recovery.
Economic Damages
One of the categories of compensatory damages is economic damages. These are the easiest to evaluate because economic losses are strictly financial. We can prove the value of your economic damages by reviewing your financial records.
We will want to look at your paystubs, bank statements, motorcycle repair quotes, and other documents that can help establish the value of your economic losses.
Some of these damages could be recovered when you file a claim against the liable party’s insurance company since Arizona is a fault state for insurance purposes. However, any remaining damages can be demanded through your personal injury claim.
Lost Wages
You can demand full compensation for your lost wages after a motorcycle wreck. Not only are you entitled to compensation for the time you had to take off work, but you may also be entitled to your loss of future potential earnings, which might include salary increases or retirement savings contributions.
You can demand reimbursement for your loss of employee benefits as well, such as your loss of employer-provided health insurance coverage and paid time off.
Medical Expenses
Every single medical expense should be taken care of by the liable party. You should not be forced to pay even one dollar in medical expenses if someone else is responsible for causing your motorcycle wreck. Insurance will only cover so much, but you may have an overwhelming amount of medical bills to pay for:
- Prescription medications
- Diagnostic testing
- Your ambulance ride
- Medical devices and equipment
- Prosthetic limbs
- Your hospital stay
- Mental health counseling
- Physical or occupational therapy
- Medical home accommodations
Property Damages
Your motorcycle may very well be totaled after the wreck. Fortunately, the cost of repairing or replacing your motorcycle should be covered by the liable party or their insurance company. Rental car costs increase your auto insurance coverage, and the diminished value of your motorcycle can also be demanded in your motorcycle accident lawsuit.
Non-Economic Damages
Non-economic damages are a little different from economic damages. Non-economic damages are intangible. They do not have a financial value because their value is subjective based on the extent to which your life has been affected by any particular type of loss.
For instance, if you are no longer able to enjoy companionship, love, or an intimate spousal relationship, you may have the right to sue for loss of consortium.
If you experience excruciating pain or emotional distress as a result of your injuries, suing for pain and suffering may be in your best interest. Feelings of shame, embarrassment, and inconvenience may also entitle you to compensation.
Insurance policies generally do not cover non-economic damages. For this reason, your insurance settlement may not fully cover the value of your claim. If this happens, bringing your case to trial may be the best way to ensure you maximize your payout.
Punitive Damages Are Not Compensatory
Punitive damages are not like compensatory damages. You might have hoped punitive damages would be awarded in your case, but the fact is that punitive relief is a rare occurrence. This is because punitive damages are not a loss you are entitled to recover.
Instead, they are designed to punish the defendant. As described by the Arizona Bar Association, the defendant’s conduct must be intentional, spiteful, or grossly negligent for punitive damages to apply.
The court system may award punitive damages as a means of showing the community that cases like these will face harsh punishment in court.
Turn to a Trusted Motorcycle Accident Lawyer in Phoenix for Help Today
After enduring serious injuries in a motorcycle wreck, you may have no idea how much compensation you are entitled to. If the insurance company makes you a settlement offer, you may be tempted to accept due to your desperate financial state.
However, when your damages are worth considerably more, you may be able to renegotiate your settlement and demand total compensation for your damages trial.
Understanding what damages you can recover after a motorcycle accident is crucial if you hope to protect yourself from being taken advantage of. Fortunately, with the support of a zealous Phoenix car accident lawyer from Suzuki Law Offices, you can get the most out of your claim.
When you are ready to get started on your motorcycle accident case, fill out our quick contact form or call our office to schedule your free, no-obligation consultation as soon as today.
Call or text (602) 682-5270 or complete a Free Case Evaluation form