The Million Dollar Question: What Is My Motorcycle Case Worth?
Have you recently suffered injuries in a motorcycle accident that another driver caused? If so, you have the right to file a personal injury claim against the responsible party and seek compensation for your losses. For riders in this position, the most common question they have is, “what is my motorcycle case worth?” This can be a difficult question to answer, but injured riders should take comfort in the fact that since motorcycle accidents are often quite damaging, the subsequent case award is likely to be much higher than they may initially expect.
To answer this question, it’s vital to speak with an experienced motorcycle accident lawyer. Your attorney can help you explore every available avenue of compensation and maximize your recovery. It’s not uncommon for motorcycle accident victims to overlook some of the damages they are entitled to claim with these legal actions. At the Law Offices of Susan Handel, we strive to ensure every client we represent receives the most compensation possible under California state law.
Assessing Your Damages
The purpose of any personal injury claim is for the plaintiff to become as close to “whole” as possible following their injuries. Filing a personal injury claim requires the plaintiff to identify the party responsible for the accident and file a lawsuit outlining the full extent of the plaintiff’s damages. Your motorcycle accident lawyer will help you analyze your claim in great detail to maximize your compensation and ensure the defendant in your case is held accountable for their negligence.
Some of the most commonly cited damages in personal injury claims related to motorcycle accidents include:
- Property damage. In any vehicle accident claim, the plaintiff has the right to claim compensation for the cost of repairing or replacing their vehicle damaged or destroyed in the accident. When a larger vehicle collides with a motorcycle, it is very likely that the bike will be completely destroyed beyond repair, and the injured plaintiff will have the right to claim the full cost of the vehicle as property damage.
- Medical expenses. Motorcyclists face a much higher risk of serious injury in an accident than other vehicle drivers. If your motorcycle accident resulted in an extended hospital stay, expensive surgery, ambulance fees, and other medical expenses, you can claim coverage for these losses in your claim. Additionally, motorcycle accidents have a high chance of causing injuries that require long-term care and rehabilitation. You have the right to claim both immediate and anticipated future medical expenses resulting from your accident.
- Lost income. Many motorcycle accidents lead to injuries that entail a long recovery time, during which the victim cannot work. It’s possible to claim lost wages during recovery, and in the event a motorcycle accident leaves you disabled and completely unable to work in the future, you can claim lost earning capacity as well.
- Pain and suffering. California state law allows a personal injury plaintiff to receive compensation for their physical pain and emotional suffering resulting from another driver’s negligence. The amount received depends on the severity of the victim’s injuries, the length of their recovery time, and the likelihood of permanent disability and/or disfigurement from the incident.
- Punitive damages. While a plaintiff cannot directly sue for punitive damages, a judge may award them to the plaintiff based on the defendant’s overall wealth if the defendant was grossly negligent, criminally negligent, or engaged in some type of illegal or willfully dangerous behavior that directly resulted in the accident.
If you and your attorney calculate these damages after a motorcycle accident, it’s easy to see that these claims can potentially lead to substantial economic recovery. Most personal injury attorneys provide their legal services on a contingency fee basis, which means the plaintiff pays nothing unless they win their case. The attorney’s fee comes out of their overall recovery as a predetermined percentage.
It is also important to remember that an insurance claim will likely unfold following your accident. In California, you have the right to file a claim for coverage against an at-fault driver’s auto insurance policy
To calculate how much your motorcycle accident claim is worth, it’s necessary to accurately calculate your damages and then subtract the percentage your attorney will require for representing your case.
Find Legal Counsel Now
Time is a critical factor in any motorcycle accident lawsuit. If you need to take legal action against a negligent driver who caused your recent motorcycle accident and the resulting damages, contact the Law Offices of Susan Handel today. Schedule a consultation with a compassionate and experienced California motorcycle accident attorney who can help you fight for maximum compensation for your losses.