Damages Available to Motorcycle Accident Victims in Los Angeles
Personal injury compensation for motorcycle crashes or accidents is the awarding of a financial sum in an attempt to restore you to your original position before the injury.
Broadly speaking, compensation can be divided into two different subcategories: tangible losses and intangible losses. Tangible losses cover financial losses, whilst intangible losses cover non-economic losses.
Compensation for tangible losses can include, but is not limited to, the following;
- Past and future medical expenses: this may include hospitalisations, surgeries, and physical therapy;
- Loss of income — past, present and future: this would occur where your personal injury has meant that you have been unable to work;
- Any other expenditure that is a direct result of your personal injury.
Compensation for intangible losses can include, but is not limited to, the following;
- Emotional/mental distress;
- Pain and suffering, including chronic and/or permanent injuries or disfigurement;
- Punitive damages: awarded where it is necessary to put the plaintiff beyond their original position;
- Loss of consortium: involves the loss of companionship as a result of the injury
Do I Have To Go To Court?
Evidently, you are not forced to go to court and litigate if you do not want to. In fact, many motorcycle accident cases are settled out of court. With that said, it may be in your best interest to go to court — it may be the best or only way to receive the compensation that you deserve.
Our highly esteemed attorneys will explain the process and options available to you.
After My Accident, I Have Been Contacted By an Insurance Company. What Should I Do?
Insurance companies are typically self interested and only care about themselves — but they try to portray to you that they have your best interests at heart. This is never the case — their job is to protect themselves, and this will involve offering settlements to you for less than your claim is worth.
It is important that you let our attorneys deal with any third party insurance companies — do not speak to them without our approval or advice.
How Long Do These Claims Take?
The duration of a case is largely dependant on the individual facts and circumstances of the case. Complex personal injuries case that involve third party negligence claims can take a long time, but more simple claims may typically take a few months.
The best way to ensure your case does not take longer than it needs to is through accumulating and preserving evidence as necessary, as described above.
I May Have Contributed To My Injury. Does That Invalidate My Claim?
Clearly, if your injuries were caused by you and entirely your fault, that is likely to invalidate any claim for damages. This may include if you were injured while riding a motorcycle without wearing a helmet.
However, if you were only responsible for a portion of the accident, there is the chance that you may still have a potential claim. This is through ‘comparative negligence’ — which allows you to sue the at-fault party for the portion of the accident that was their fault. Our attorneys will be able to explain the merits of your claim from the start.