Call Us atWhile being able to enjoy the beauty of the open road as a motorcyclist, you may also become the unfortunate victim of a collision. These accidents can leave you with serious injuries that prevent you from riding, working, and enjoying other aspects of life.
As a result, a personal injury lawsuit could be an opportunity to obtain financial compensation for your damages. The help of a Lynwood motorcycle accident lawyer could be a useful part of that process. We could discuss some of the key details of motorcycle crash cases and how our attorneys could aid in your journey toward recovery.
What Compensation Is Available for Motorcycle Accident Injuries?
The state allows persons injured in a motorcycle accident to collect compensatory damages, which includes both economic and non-economic damages but excludes punitive damages. Recoverable economic damages must be verifiable and generally include items such as reimbursement for medical costs, lost wages, and lost future earnings.
In comparison, non-economic damages are meant to compensate for the pain and suffering endured while performing daily activities and the loss of enjoyment of life. There is no statutory cap on non-economic damages after the 1989 Supreme Court ruling in Sofie v. Fibreboard Corp., which means plaintiffs could recover whatever amount a court or jury deems appropriate for their level of suffering. An attorney in Lynwood could determine the appropriate compensation amount to see in a motorcycle crash claim.
Factors That Could Affect Available Compensation After a Motorcycle Crash
While state law on compensatory damages could be beneficial to injured plaintiffs, other factors could also affect the availability of damages when applied to a case. The following issues could influence the potential compensation in a motorcycle accident:
- The seriousness of the injuries
- The potential payouts from insurance policies
- The number of parties at fault
- The age of the injured person
- The occupation and potential future earnings of the injured person in cases of permanent disability
A jury may consider these issues when deliberating a judgment at trial. Alternatively, these facts could be used in settlement negotiations between a motorcycle accident lawyer in Lynwood, the defendant’s counsel, or insurance representatives.
What Happens if an Injured Motorcyclist Causes the Accident?
It is possible for the injured motorcyclist to have partial fault for causing the events that led up to the collision. State law does not automatically bar their recovery or right to financial compensation in these cases. Rather, the state’s rule of comparative fault will apply and only limit the injured motorcyclist’s compensation in proportion to their percentage of fault. Depending on the type of trial, the judge or jury could be responsible for assigning fault percentages to the parties involved.
The Benefit of a Motorcycle Accident Scene Reconstruction
A motorcycle crash lawyer in Lynwood could help prove the fault of another party or disprove comparative fault through an accident scene reconstruction. This is a method of demonstrating the events of the accident and identifying contributing causes. An attorney could potentially submit the findings as evidence in court or create leverage for a larger settlement.
Meet with a Lynwood Motorcycle Accident Lawyer for Additional Guidance
Obtaining compensation for injuries following a motorcycle accident can be a complex process without an understanding of the relevant laws and how they could apply to your case. The purpose of a Lynwood motorcycle accident lawyer is to provide guidance in these types of personal injury cases using their experience and skill set.
This begins with an initial consultation to discuss the details of an accident and how those facts could translate to possible claims for compensation. If you would like more information about how to pursue available legal remedies as an injured motorcyclist, consider meeting with an attorney.
