A motorcycle is great for a scenic drive through nature but not so great for safety. Negligent drivers pose a danger to motorcyclists because a motorcycle is harder to see and has less protection than a car or truck. When vehicles collide with a motorcyclist, the latter has a greater risk of injury. You might consider hiring a New Albany motorcycle accident lawyer if you need to file a claim or lawsuit for damages.
Damages in a Motorcycle Accident Case
Damages refer to the financial award given to the victim in a personal injury case. Victims recover damages as a way to compensate them for the harm they suffered due to another party’s negligence. There are different types of damages that you can recover from your motorcycle accident in Indiana.
Victims receive economic damages to compensate them for financial losses that stem from the motorcycle accident, such as medical costs. Motorcycle accidents often lead to severe injuries requiring extensive and extended treatment. You may have to spend money upfront for proper treatment or face huge medical bills. A claim or settlement can help reimburse you for these expenses. Also, a lawyer will list future medical costs in your claim, so you do not pay out of pocket if treatment is ongoing.
Medical costs can entail the cost of visiting the emergency room, physical therapy, surgeries, and prescription medicine. It also includes travel costs to and from the healthcare center. Lost wages are a part of economic damages. After you sustain injuries from a motorcycle crash, you may be unable to return to work. You can claim the income you lost during your recovery period.
Sometimes, crashes lead to a long-term impairment that limits your earning capacity in the future. When filing a claim after your motorcycle accident, you should include your future lost earning capacity. A New Albany motorcycle accident lawyer can help you determine your qualified economic damages.
In most cases, a motorcycle accident also leads to losses that go beyond money. These non-economic losses are difficult to quantify compared to monetary losses. A good way to measure non-monetary losses is to maintain detailed records. You can file non-economic damages for anxiety, PTSD, loss of mobility, and pain and suffering, among others.
Your motorcycle accident lawyer may advise you to always mention any pain or discomfort during medical checkups. Also, any anxiety or insomnia you may be experiencing. Then it becomes part of your official medical record, making it easier to prove. The kind of injury you suffered and the time it will take to get better impact the compensation.
For emotional distress, some factors considered include the type of injury and how it affects your everyday life. For example, you may have developed anxiety or depression as a result of an injury negatively affecting your lifestyle. A motorcycle accident lawyer can give you an estimate for non-economic damages and defend you in case the insurer argues against non-economic damages.
Recoverable Damages Through a Wrongful Death Action
Your family member may have died due to a motorcycle accident caused by the reckless actions of the defendant. If this is the case, you can file a wrongful death claim. Damages recovered provide compensation to the surviving family members for the loss of the deceased’s contribution to their lives.
Such losses include pain and suffering and mental anguish. Damages in a wrongful death claim also cover funeral costs and medical bills that accumulated after the accident but before death. An attorney can help you through the procedure of filing a claim in case of wrongful death.
The statute of limitations provides a time limit for filing a lawsuit. Indiana’s statute of limitations for wrongful death is two years. If this time elapses, you may lose your right to bring legal action against the defendant.
For a free legal consultation with a motorcycle accidents lawyer serving New Albany, call 800-333-9999
How a New Albany Motorcycle Accident Lawyer Can Help
For you to recover damages, you must show that the defendant’s negligence caused your accident. Proving negligence entails showing the existence of a duty of care and its violation by the other driver. It also involves showing you suffered injuries from the crash as a result of the other party’s negligence. The process of proving negligence may be difficult for a layperson. A motorcycle accident lawyer will carry out the necessary investigations and know what evidence to collect to demonstrate negligence.
The first settlement offer by an insurer is usually low, so be wary. A motorcycle accident lawyer can estimate your compensation amount and negotiate for you with the insurance company. If your case goes to court after failed negotiations, your lawyer will prepare you for it.
We handle cases on a contingency-fee basis, which means you focus on your recovery, not on how you will afford legal help. We charge no upfront fees or costs, and you pay us nothing unless and until you recover compensation.
New Albany Motorcycle Accident Lawyer Near Me 800-333-9999
Call a New Albany Motorcycle Accident Lawyer
A New Albany motorcycle accident lawyer from Isaacs & Isaacs Personal Injury Lawyers knows how insurance companies work and can use this to your advantage. We can also represent your case in civil court, if necessary. In fact, we have an in-house litigation team.
We also have Spanish-speaking team members – attorneys and paralegals who can listen to you. Reach out to us today for a free consultation and map out the next steps in your case.