How Are Damages in a Motorcycle Accident Case Calculated?
| March 20th, 2023
Motorcycle accidents can have a devastating impact on the lives of riders and their families. The physical, emotional, and financial consequences of a motorcycle accident can be overwhelming, making it essential to understand the process of calculating damages to ensure that you are fully compensated for your losses.
The California motorcycle accident attorneys at Berg Injury Lawyers can provide a comprehensive overview of how damages are calculated in a motorcycle accident. From economic to non-economic damages, we will cover the various factors used to calculate your compensation so you get a fair settlement for your losses.
Risks to Motorcyclists on the Road
Motorcyclists face unique risks on the road, such as being hit by larger vehicles and not being seen by other drivers due to poor visibility, inattention, or carelessness.
There is little protection besides a helmet or riding gear between motorcycle riders, the pavement, or other vehicles. This makes them more likely to suffer serious and life-altering injuries, such as traumatic brain injuries, road rash, broken bones, and spinal cord injuries.
Potholes, gravel, and other road hazards also pose a risk to motorcyclists, and distracted drivers often don’t see motorcyclists and collide with them when changing lanes or turning. The National Highway Traffic Safety Administration states that one-third of all multi-vehicle motorcycle crashes result from other drivers turning into the motorcycle’s path.
Types of Damages
Calculating damages in a motorcycle accident is a complex process that requires a thorough understanding of the various factors involved.
Economic damages, such as medical expenses and property damage, can be easily quantified, while non-economic damages, such as pain and suffering, are more subjective and require a formula or multiplier to calculate.
Additionally, exemplary damages may also be awarded to punish the at-fault party and deter similar behavior in the future. California Civil Code 3294 states that a negligent party that acts with malice, fraud, or oppression may be liable for these damages. In a motorcycle accident, this could refer to an aggressive driver who tried to run you off the road or someone who drove under the influence and caused the crash.
- Economic Damages
Economic damages refer to quantifiable financial losses, such as lost wages, medical expenses, future earnings, and property damage.
We can use documents like medical receipts, pay stubs, and mechanic repair bills to calculate your economic damages. These figures provide the total financial losses for your case and set a baseline for determining non-economic damages using the multiplier or per diem calculation method.
- Non-Economic Damages
Non-economic damages are more subjective and relate to intangible harm such as pain and suffering, loss of enjoyment of life, emotional distress, and loss of companionship.
How an Attorney Can Help
Hiring an attorney with Berg Injury Lawyers after a motorcycle crash can help ensure you receive a fair settlement for your injuries. Our skilled legal team will use our knowledge of motorcycle injuries and California insurance laws to calculate your total damages, including economic and non-economic losses.
We can help you prove the seriousness of your injuries with evidence such as photographs and expert testimony and negotiate with the insurer to get you the highest possible settlement to pay for your current and future losses.
- Prove the Seriousness of Your Injuries
Serious injuries like traumatic brain injuries, disfigurements, or spinal cord injuries often result in a longer recovery time and ongoing medical treatment or rehabilitation services.
For example, the estimated lifetime cost of paraplegia at 25 years old is about $2,524,270; if you sustain an injury that results in paraplegia, we’re able to calculate current and future medical costs.
We use medical records, treatment logs, and X-ray or MRI diagnostic test results to prove your damages and show why you deserve a maximum settlement.
- Maximize Your Compensation
The nature of your injuries, length of recovery time, and impact on your daily life influence your compensation award. We use these factors to negotiate with the insurance company for an appropriate payout.
We will demonstrate how your injuries affect your ability to enjoy your daily life and maintain relationships. Journal entries, mental health assessments, and witness testimony from family and friends are excellent ways to establish how your injury has impacted your life.
We will seek maximum compensation for your pain and suffering by negotiating with the insurer and taking legal action if necessary.
Get Fair Compensation for Your Motorcycle Accident Injuries
When your life has been turned upside down, you need help. Seek the assistance of a motorcycle accident attorney at Berg Injury Lawyers to ensure that your damages are properly calculated and that you are fully compensated for your losses.
By having a qualified and experienced law firm on your side, you can focus on healing while we recover the compensation you deserve. Contact us for a free case review to learn your legal options and start the claims process.
