|
|
Motorcycle
Accident Victims Claim Their Damages
There are several damages you can claim in your motorcycle accident case which
include personal injury, property injury, lost wages, and pain and suffering.
1) "Property damage" is how much it would cost you to restore your
motorcycle to it's original condition, or if it cannot be restored , how much it
would cost you to replace it, according to today's market value for the
motorcycle. If you have a very special bike that is a classic or some sort, you
will need to document it's uniqueness and the specialized work it would take to
restore such a motorcycle to it's original condition. Personal items such as
leather accessories, additional equipment, etc. on your motorcycle at the time
of the accident can also be included in your motorcycle accident claim. You
should include their replacement dollar value to your claim.
2) "Personal injuries" must be documented by doctors visits, medical
bills and all future medical treatment related to such injuries. Common
motorcycle accident injuries
which
require ongoing medical treatment is "road-rash". The scarring caused from
road-rash needs ongoing medical treatment for many motorcycle accident
victims.
3) "Compensation for lost work, lost wages" or lost earning capacity are
items which motorcycle accident victims can include in his/her motorcycle accident
injuries claim. Lost
wages/work is configured by the income you can prove you would have made if you
were not in an accident. You should also present evidence that will show any
lost opportunity for work now and in the near future.
4) "Pain and suffering" is a non calculated amount of damages to
compensate you for your pain/suffering, time spent in rehabilitation, your
inability to ride,
your inability to work, your lost enjoyment of life or activities, and your
future losses.
DOCUMENTING YOUR EVIDENCE
All four of the above listed damages must be documented by proof. There are many
documents you can use to help your motorcycle accident attorney prove these
damages occurred as a result of your
motorcycle accident
injuries.
1) A qualified motorcycle mechanic can evaluate the property damage to your
vehicle. If you had a classic or specialized motorcycle, you'll need to see a
motorcycle mechanic who specializes in custom motorcycles, like a Harley
Davidson mechanic or custom motorcycle mechanic shop.
2) Keep a folder with all your medical bills, receipts, doctors visits and
future doctor visits. It's helpful to record these events in a notebook so you
can easily quantify your doctors visits and the costs incurred from each visit.
For future doctor visits, or recurring doctor visits or treatments in the
future, your doctor should provide you a report which itemizes his prescription
of treatment which shows the number of visits and their estimated costs for each
visit.
3) Collect a written statement from your employer about the time you missed from
work after the accident to prove lost wages/work. If you are self-employed,
you'll need to show your earnings before and after the accident to show lost
income. Only in certain circumstances might you need to present past tax returns
for your claim. Future earnings loss should be estimated from a reasonable
prediction of wages from your doctor's assessment.
4) Pain and suffering is calculated by determining the amount of money that a
jury is willing to award for the pain, and disruption of your life due to the
accident, which was caused by the other party. Many motorcycle accident victims
do not focus on the pain and suffering damages to be a huge sum of money in
their claim, because this would cause the claim to be detained and prevent a
closing on the case. Many
motorcycle accident victims do not want to go to
court. In order for their attorney to help expedite the closing of this case out
of court, you should not ask for a ridiculous amount of money on this part of
the claim. A qualified attorney's judgment will help you judge how much to ask
for.
If you and the other party cannot settle the case outside of court, a jury will
decide the amount of damages to award you. A good attorney will help you realize
your full case value and possibly avoid court. If your motorcycle accident injuries
and damages are
well documented in your case, and if you have an experienced motorcycle accident
attorney working with you, there's a very good chance for you to settle your
case outside of court. Settling your case out of court will save you a
tremendous amount of time, money, and further pain and suffering. Therefore, it
is strongly desirable to settle your case out of court. This holds true for both
parties - both for the defendant and the plaintiff.
If you have questions about documenting your damages and injuries, please
click here to find an expert motorcycle accident lawyer in your city.
|
