If you are involved in a motorcycle accident with a car, you are likely going to sustain physical injuries if not also damage to your bike and emotional damages. Unlike the occupants inside the car, a motorcyclist’s body collides directly with the vehicle and isn’t protected by all the car’s safety features. A motorcyclist who is hit by a car will have injuries more similar to a pedestrian who has been hit by a car rather than a passenger.
In the days after your accident, you will be thinking about all the ways the accident has set you back financially; you may even be worried if your insurance policy is enough to cover all your medical bills. You should always contact an accident injury attorney in Sherman Oaks when you’re in a wreck, as they will understand how to get compensation for your injuries.
A Sherman Oaks injury attorney is well-versed in California personal injury law, and they can build a strong argument for your claim to compensation. The amount you receive from the guilty party is dependent on your damages in the accident.
Damages in a personal injury lawsuit are usually divided into two types:
- Economic Damages: damages that can be exactly calculated
- Non-economic Damages: damages that cannot be exactly quantified, like pain and suffering
Your Sherman Oaks accident injury lawyer will get compensation for both your economic and non-economic damages.
Damages in a Motorcycle Crash
The severity of your accident will affect your compensation. The injuries in a motorcycle accident are often severe, especially if you weren’t wearing a helmet. If you suffer any brain trauma, your total compensation can easily be over six figures. If you have injuries that affect your mobility, then you may need help around the house for basic chores like cooking and cleaning. In-home care is also included in your economic damages.
If your injuries affect your mobility, you may have to take time off work or change your career path altogether. Your past, present, and future lost wages and lost earning capacity can be included in your compensation.
The mental anguish and pain and suffering you experience following the accident are not easily quantified. Mental anguish is the emotional trauma that results from being involved in such an accident. Nightmares, anxiety, depression, and loss of enjoyment of life can be included in this. If you see a therapist, your bills and therapist’s testimony can show your emotional trauma.
As for pain and suffering, this is an additional amount that is given to victims with serious injuries. If you have to have friends bring you groceries or miss out on family events because you aren’t well enough to go, these can be examples of the pain and suffering you are going through as a result of the crash. There are no specific guidelines for putting a number on pain and suffering, so it’s hard to guess how much will be determined should the case go to trial.
Factors Affecting Settlement Size
Your motorcycle injury lawyer’s legal negotiations can be made harder or easier depending on several factors that happen during and after the accident.
California is a state that has shared fault laws, meaning that your own actions leading up the accident will be scrutinized. If you were speeding, not wearing a helmet, or distracted by your phone, you may be seen as partially responsible for your injuries.
California goes by the doctrine of pure comparative negligence, meaning that the actions of both parties affect how much they are supposed to pay for. Pure comparative negligence assigns each party a level of fault for the accident, and the amount of damages they have to pay for are directly correlated to their level of fault. For example, if you are found to be 30% at fault for the accident, then you must pay 30% of your own damages.
You should also make sure to keep track of all the expenses from the accident, as your Sherman Oaks motorcycle crash lawyer will need written evidence to be able to claim each of them. All medical bills, follow-up visits, and at-home care should be recorded. If any expenses are left out, then they may not be reimbursed.
Another factor that will affect the amount of money you receive is whether you settle in or outside of court. Deciding between an out-of-court settlement and a trial isn’t exactly up to you. Your Sherman Oaks motorcycle accident attorney will negotiate compensation with the other driver’s insurance agent and/or accident attorney. If all parties cannot come to an agreement, then the case may have to go to court.
Generally, a settlement is less than a trial value because you settle a case in order to avoid the risk of losing at trial. While a trial can get you more money, it’s riskier. Unlike a settlement, a trial is win-or-lose, and many motorcycle accident victims prefer to settle their cases outside of court.
About Okhovat Law
Were you or a loved one in a recent accident? Did you sustain minor to severe injuries due to the negligence of another person? Any time you are experiencing an emotional, financial, or physical toll from an accident, you should work with an attorney to take legal action.
The multilingual legal staff at Okhovat Law Firm works hard to give clients the results they deserve. Several years ago, Anna Okhovat started her mission to establish a firm centered around personal injury law. Her goal is to provide legal counsel, support, and the highest level of care. Not only does this firm have a reputation for getting clients the results they need, but also for:
- Having a proven track record
- Providing one-on-one contact with clients
- Not charging fees unless the case is won
- Taking a personalized approach to every case
Whether you were injured in a car accident or slip and fall, or if you want to file a wrongful death lawsuit on behalf of a deceased loved one, you can feel confident with Okhovat Law on your side. Before, during, and after every legal consultation, we will answer any questions to provide you with the best service and support possible. Don’t wait and lose your opportunity to file a claim for compensation. Instead, give us a call at 310-362-6740 or email us at email@example.com.