A motorcycle accident can leave you with many different types of costs and losses. In a personal injury case, these are known as “damages.” Damages can be collected as compensation when an injury accident occurs (Georgia Code § 51-12-4).
Your damages will depend on what you lose as a result of your physical injuries. If you were not at fault for your motorcycle accident, you can file a personal injury claim with the negligent party for compensation. Below are some of the most common damages you can seek from your motorcycle accident.
Medical Costs from a Motorcycle Accident
Medical bills and other treatment costs typically make up the largest portion of a motorcycle accident claim. Since you would not have suffered these costs if the accident hadn’t occurred, you have a right to seek compensation for them.
Medical costs you will likely have because of a motorcycle accident include:
- Doctor and hospital bills
- Prescription medications
- Future treatment
- Physical therapy
- Travel to and from appointments
Motorcycle accidents are often incredibly serious. Since motorcycles don’t provide the same protection as other vehicles in an accident, the rider can easily suffer catastrophic injuries, so no medical cost should be discounted.
If your injuries leave you with a disability, you may be entitled to additional compensation. You’ll want to discuss these details with an experienced motorcycle accident lawyer. To schedule a FREE consultation with one of our trusted lawyers at John Foy & Associates today, call (404) 400-4000 or contact us online.
Motorcycle Repairs or Replacement
Your motorcycle might also experience a lot of damage during the collision. You can include the costs of repairs from property damage in your claim. Be sure to save all quotes, invoices, and receipts you receive as proof of your repair costs. It’s best to go to a shop for an estimate of what your repairs will be.
Sometimes, the damage from the accident is so bad that the motorcycle gets declared a “total loss.” This means the insurance company will typically just compensate you for the fair market value of the motorcycle so you can get a new one rather than paying for repairs.
Lost Wages and Loss of Earning Capacity
If you were working before the motorcycle accident happened, you will likely need to miss work because of the accident and your injuries. You can include this as lost wages to collect in your insurance claim. You’ll want to keep track of how much work time you’ve had to miss after the accident, including any bonuses, raises, or other income you would have otherwise received.
The accident might also leave you with injuries that prevent you from working in the same capacity as before. Even if you can switch to a different type of job or work at the same job in a limited capacity, you deserve to be compensated for the huge change. This is known as loss of earning capacity, and it’s another damage you may be able to claim.
Pain and Suffering Damages
There are two main types of damages that are included in a motorcycle accident claim:
- Special damages that have a set dollar amount like medical bills and lost wages and
- General damages that cannot be demonstrated with a dollar amount
Pain and suffering damages fall into the second category known as general damages. Pain and suffering refer to how the accident has impacted your life on a daily basis. General damages can include:
- Physical or emotional pain and suffering
- Mental anguish
- Emotional distress
- Fear, humiliation, or anxiety
- Loss of enjoyment of life
Pain and suffering can be difficult to demonstrate and calculate, so you will want to hire the help of a motorcycle accident lawyer if you have these damages. They will know how to account for them in your injury claim and ensure any settlement you accept covers them.
Wrongful Death Damages
Sadly, serious motorcycle accidents often result in death. If someone dies from a motorcycle accident, certain family members can bring a wrongful death claim. The death of a loved one can be a huge emotional and financial burden on those who are left behind, so a wrongful death case is meant to help.
Wrongful death damages you may be able to claim on behalf of the deceased include:
- Medical expenses from the deceased’s last injuries
- Mental and physical pain and suffering the deceased experienced
- The deceased’s lost wages from the accident and wages they would have earned if they had lived
- Funeral and burial costs
- Loss of consortium
If you lost a loved one in a motorcycle accident, our experienced and compassionate lawyers can help you file a claim for the compensation your family needs and deserves. We can handle the legal details so you can focus on mourning and being with loved ones.
Punitive Damages from a Motorcycle Accident
Although special and general damages are the most common in a motorcycle accident case, there is a third category that is rarely available: punitive damages.
According to Georgia Code § 51-12-5.1, punitive damages can only be awarded in injury cases where at-fault party’s actions were clearly showing “willful misconduct, malice, fraud, wantonness, oppression,” or behavior that demonstrated indifference to consequences. Punitive damages are meant to punish the wrongdoer and discourage further bad behavior more than compensate the victim.
Punitive damages are only awarded in specific situations, such as DUI (driving under the influence) cases. Your lawyer can let you know if your case is eligible for punitive damages. If so, they can help you gather evidence of the at-fault party’s actions and disregard for the safety of you and others on the road.
Talk to a Motorcycle Accident Lawyer for Free Today
To make sure you are seeking the full damages you deserve after a motorcycle accident, speak with a motorcycle accident lawyer today. At John Foy & Associates, we have been helping injured bikers win the compensation they deserve for the past 20 plus years. We can help you, too, starting with a FREE consultation.
To schedule your FREE consultation today, call (404) 400-4000 or contact us online.