Recovering Fair Compensation
When a person is injured in a preventable accident, as the result of another’s negligence or wrongdoing, that person may be able to seek “compensatory damages.” These damages, also referred to as compensation, can help the person rebuild to the same situation (or as close as possible) as he or she was in before the accident occurred. The recovery of fair compensation is an important issue to discuss when on the topic of motorcycle accidents, namely because of the considerable amount of bodily harm and property damage these collisions may cause.
Because California implements a fault-based system when it comes to traffic accidents, victims of motorcycle accidents may seek compensation from the individuals or companies that are responsible for their injuries. This may be another driver, the manufacturer of a defective auto or motorcycle part, or perhaps a municipality for a poorly designed roadway. Compensation for motorcycle accidents is usually paid out of insurance policies held by the motorcyclist and/or any other parties involved.
Have you been involved in a motorcycle accident? Call a motorcycle accident attorney at Pacific Attorney Group today and find out what you can do and how we can help you recover fair compensation for your injuries and losses. Of course, no amount of money can erase all trace of an accident or possibly make up for what has happened, but it can make a significant difference as you work on rebuilding your life.
Types of Compensation
The majority of motorcycle accident cases are settled out of court. This means that the parties reach an agreement regarding a certain amount of money that will be paid to the victim for his or her injuries. The agreement may vary depending on the unique case, and the victim will typically relinquish any right to take further legal action for injuries stemming from this same accident. Some of the types of compensation that may be included in a settlement or jury award for a motorcycle accident are:
- All medical expenses associated with the injuries, including hospitalization, doctor visits, medication, medical supplies, outpatient care, in-home care, physical therapy, ongoing treatment and travel expenses to and from treatment.
- All wages and other earnings the victim has lost from missing work. This may include wages already lost and potential earnings that may be lost because the victim is unable to work at the same capacity, in the same field or return to work.
- All property damage the accident has caused, including physical damage to the bike, helmet, jacket, boots, other protective gear and any other personal property owned by the victim.
- Non-economic damages, which may cover emotional trauma, pain, suffering, loss of companionship, loss of consortium and other similar injuries.
Were you offered a fair settlement?
If the insurance company offered you a settlement, it is important to be aware of the fact that most providers will offer the lowest possible settlement to cover the bare minimum of your losses and injuries. Having a lawyer review the settlement offer against your policy and while taking all physical, emotional and financial injuries and losses into account can help make sure this offer is truly in your best interests. If you are offered an unfair settlement, your attorney can put pressure on the insurer to make a better offer and can enter negotiations to seek the full value of your claim. If your claim is denied, delayed or underpaid in bad faith, your attorney may even be able to sue on your behalf.
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