After a motorcycle accident, knowing what you can recover can help you move forward.
A motorcycle accident can be challenging to deal with, especially when injuries lead to significant medical bills and time off work. If you’ve been in an accident, a motorcycle accident lawyer in Los Angeles can help you understand the types of compensation, or “damages,” you might be able to recover. These damages are meant to cover the costs of the accident, like paying for doctor visits, fixing or replacing your motorcycle, and making up for lost income.
You might also be able to get money for less obvious things, like the pain you’re dealing with or how the accident has changed your daily life. In some cases, if the person responsible was really careless or dangerous, you could even get extra money as a punishment for them. Knowing what’s possible can make it easier to see a path forward after everything you’ve been through.
Quick Summary:
- After a motorcycle accident, victims can receive two types of damages: economic and non-economic. Economic damages cover medical bills, lost wages, and property damage, which can be measured. Non-economic damages focus on the personal and emotional toll, like pain and suffering or loss of enjoyment in life. In some cases, punitive damages may be awarded to punish very reckless actions, such as drunk driving, to stop others from making the same mistakes.
- Several factors can affect the amount of compensation a victim may receive from a motorcycle accident claim. Severe injuries, like head or spinal injuries, usually lead to higher settlements because they need more medical care. In California, even if the victim is partly at fault, they can still get compensation, though it will be reduced based on how much blame they share.
- The amount of money you can get depends on how serious the injury is. Smaller injuries typically get between $10,000 and $50,000, and serious injuries range from $150,000 to $500,000. If someone dies in the accident, the family might receive $500,000 or more. After an accident, victims should get medical help right away, take photos of the scene, get contact details from any witnesses, and keep track of expenses.
What are the Types of Compensatory Damages in California Motorcycle Accidents?
When someone is in a motorcycle accident, they might be able to get compensation to help cover the losses and struggles they face afterward. These damages fall into two main categories: economic (things with precise costs) and non-economic (things that are harder to price but still affect a person’s life).
Economic Damages
Economic damages cover the money a victim loses due to the accident. That includes medical bills, lost wages from missed work, and fixing or replacing damaged property costs.
Medical Expenses
Medical costs are often the biggest expense after an accident. That includes all the money spent on doctor visits, surgeries, medicine, and physical therapy. It also covers future medical care if the person needs ongoing treatment. Things like crutches, wheelchairs, or any special recovery equipment are also part of these expenses. If someone needs to make changes to their home, like adding a wheelchair ramp, those costs can be included too.
Lost Wages and Loss of Earning Capacity
After an accident, a person might miss work while they’re healing, which means they miss out on income. Lost wages can pay them back for the money they couldn’t earn while recovering. If the injury is severe and keeps them from working as they did before, they can also be compensated for the money they would have earned in the future.
Property Damage
Property damage covers the costs to repair or replace anything damaged in the crash, like the motorcycle itself or personal items such as helmets, clothing, or electronics. If the motorcycle is too damaged to fix, this payment can help the person buy a new one.
Other Out-of-Pocket Expenses
Sometimes, an accident brings extra costs that the person wouldn’t have had otherwise. That might include paying for rides to doctor appointments, hiring help at home, or making adjustments to the home to make it easier to get around. All these extra expenses add up and can be covered.
Non-Economic Damages
Non-economic damages are more about the emotional and personal struggles that come from the accident. These can’t be easily measured in dollars, but they’re just as important.
Pain and Suffering
Pain and suffering cover the physical pain the person has because of the accident, as well as the stress that comes from dealing with ongoing pain or medical treatments. It considers how the physical pain they feel affects their daily life.
Mental Anguish and Emotional Distress
Accidents can cause lasting mental health issues like anxiety, depression, or even PTSD (post-traumatic stress disorder). Emotional distress damages help cover the effects these mental struggles have on the victim’s life, from relationships to general happiness.
Loss of Enjoyment of Life
Serious injuries can prevent someone from enjoying the activities they love, such as sports, hobbies, or traveling. This damage recognizes that these limitations make it hard for people to enjoy life like they did before.
Loss of Consortium
Loss of consortium covers the impact an injury has on close relationships, like with a spouse or family. A serious injury can affect a person’s ability to connect with loved ones, and this damage recognizes the strain that can put on a family.
Potential Punitive Damages
Punitive damages are different from regular damages. While regular damages help the victim get back the money they lost, punitive damages are meant to punish the person who caused the harm for really bad actions, like being careless or causing harm on purpose. They also help ensure the person or others don’t do the same thing again.
Punitive damages are not given in every case. They usually only happen in serious situations, like when the person who caused the accident was drunk, driving recklessly, or didn’t care about other people’s safety. These damages help send a message that such dangerous actions won’t be allowed.
Factors That Affect Damage Recovery in Motorcycle Accidents
There are a few key things that can affect how much money you can get after a motorcycle accident. These include how serious your injuries are, who caused the accident, and how much insurance the other driver has.
Severity of Injuries
Motorcycle accidents can cause serious injuries because riders don’t have the protection that people in cars do. Some common injuries include:
- Head Injuries: Motorcycle riders are at a high risk for brain injuries, especially if they aren’t wearing helmets. These injuries can cause long-term damage and even affect their ability to think or move.
- Spinal Injuries: Injuries to the spine can lead to paralysis, where a person might lose the ability to move part or all of their body. These injuries often need lifelong care and treatment.
- Fractures: Broken bones are very common in motorcycle accidents, especially in the legs, arms, and ribs. These fractures can be painful and take a long time to heal, sometimes requiring surgery.
- Internal Injuries: Injuries to internal organs, like the heart, lungs, or stomach, can cause serious problems that need immediate medical attention. These injuries are often harder to detect and can lead to complications.
How Injury Severity Affects Damages
The more serious the injury, the more money someone might receive in compensation. Severe injuries usually mean higher medical bills, more pain, and longer recovery times. For example, a paralyzed person may receive more money because they need ongoing care.
Liability Determination
Liability determination is about figuring out who is responsible for an accident. In motorcycle accidents, it’s important to prove that the other driver’s actions caused the crash to get the compensation you deserve.
Comparative Fault in California
California has a rule called “pure comparative negligence,” which means that even if the injured person is partly at fault for the accident, they can still get money for their damages. However, the amount they can get will be reduced by how much they are responsible for. For example, if the injured person is 30% at fault, they can only get 70% of the damages.
Why Proving Negligence is Important
To get the most money, it’s critical to show that the other person was at fault for the accident. That can be done by collecting evidence like police reports, witness statements, or video footage showing how the other driver caused the crash. Proving this is key to getting the right amount of compensation.
Insurance Policy Limits
The amount of money someone can recover depends on how much the at-fault driver’s insurance covers. If the costs of the accident are more than the insurance limits, the injured person might not get everything they need.
For example, if the total damages are $100,000 but the at-fault driver’s insurance only covers $50,000, the injured person may need to find other ways to recover the remaining money, like suing the driver personally or using extra insurance coverage.
Quality of Legal Representation
A skilled motorcycle accident lawyer in Los Angeles can help you get the most money by collecting the right evidence, dealing with insurance companies, and ensuring you get the full compensation you deserve. Their experience with the law and accident cases can help improve the chances of a good outcome.
Typical Settlement Ranges in California for Motorcycle Accident Lawsuits
In California, the amount of money someone can get from a motorcycle accident lawsuit depends on how serious their injuries are. Here’s a breakdown of the average settlement amounts based on injury severity:
Minor Injuries
These are usually small injuries that heal fairly quickly, like a sprained wrist or skin abrasions (road rash). Settlements for minor injuries typically range from $10,000 to $50,000, depending on how serious the injury is and how long it takes to recover.
Moderate Injuries
These injuries need more treatment, like broken bones or concussions, but they usually don’t cause permanent damage. Settlements for moderate injuries are typically between $50,000 and $150,000, depending on how much medical care is required.
Serious Injuries
Serious injuries can have long-lasting effects, like brain damage or spinal cord injuries, and may need ongoing care. Settlements for these types of injuries can range from $150,000 to $500,000, depending on how severe the injury is and how much future care is needed.
Wrongful Death Claims
If someone dies in a motorcycle accident, their family might get a settlement that starts at $500,000. In some cases, the settlement could be much higher, possibly even millions, depending on the situation and where the accident happened.
Overall, settlement amounts in motorcycle accident cases depend on the severity of injuries. Knowing these ranges can help victims set expectations and work with a lawyer to get the best outcome.
What are the Steps to Take After a Motorcycle Accident to Support My Claim?
After a motorcycle accident, taking the right steps to protect your health and support your claim is important. Following these actions can help strengthen your case and make getting the compensation you deserve easier.
- Get Medical Help Right Away: Even if you feel fine, seeing a doctor is important. Some injuries might not show up immediately, and getting checked can help your recovery and case.
- Take Photos of the Accident Scene: Snap pictures of where the accident happened, your bike, and any damage. These photos can help show what went wrong and support your claim.
- Get Contact Info from Witnesses: If anyone saw the accident, ask for their name and contact details. Their statements can back up your side of the story.
- Keep Track of All Your Expenses: Save any bills or receipts for medical treatments, bike repairs, or other costs related to the accident. That will show how much the accident has cost you.
- Talk to a Lawyer: A motorcycle accident lawyer in Los Angeles can help you understand the legal process, gather evidence, and work to get you the compensation you deserve. It’s important to have professional help to make sure you get a fair deal.
Call Our Motorcycle Accident Lawyer in Los Angeles and Get the Compensation You Deserve!
Motorcycle accidents can have devastating consequences, both physically and financially. If you’ve been injured in a motorcycle accident, it’s important to understand the types of damages you may be entitled to recover with a knowledgeable motorcycle accident lawyer in Los Angeles.
At Conlogue Law LLP, our experienced motorcycle accident attorneys are dedicated to helping injured riders get the maximum compensation possible. We understand the unique challenges faced by motorcycle accident victims and are committed to fighting for your rights.
Don’t let a motorcycle accident ruin your life. Contact Conlogue Law LLP today for a free consultation. Our attorneys will evaluate your case and fight for the compensation you deserve. We also offer legal services in related practice areas, such as car accidents, truck accidents, and bicycle accidents, in our main office in Beverly Hills, California.
