man needs to claim motorcycle accident damages after a crash

So, you have been injured in a motorcycle accident in Florida and gotten the medical treatment you need; what’s next? Your first step should be to hire a personal injury attorney to help you get the compensation you are owed for your injury and the damages you have suffered. Next, you need to determine what damages can be claimed after a motorcycle accident.

This article will take a look at the damages that can be claimed in a motorcycle injury lawsuit and how having a personal injury lawyer on your side will improve your chances of being awarded damages in a settlement. If you have any questions about your case, contact the Ocala motorcycle accident attorneys at Anderson Trial Group for a free case evaluation.

Compensatory Damages Vs Punitive Damages

What exactly are damages in a personal injury claim? Damages refer to the monetary compensation awarded to the plaintiff in a personal injury lawsuit either by the court or through a settlement reached with the defendant’s insurance company. These damages are awarded to reimburse the victim for expenses, pain, and suffering incurred due to an accident caused by another person’s negligent actions.

Compensatory Damages

Monetary reimbursement awarded to the victim in a motorcycle accident for economic damages, such as medical bills, or non-economic damages, such as emotional trauma, are known as compensatory damages. These payments act as compensation for the negative impact the negligent actions of the defendant have had upon the life of the plaintiff. 

It is important to note that compensatory damages are not considered income by the Internal Revenue Service, and therefore are not taxable.

Punitive Damages

On the other hand, punitive damages are not awarded as compensation for hardships caused by the accident, but rather a punishment enforced by the court for extremely careless behavior on the part of the defendant.

For instance, in a case where the at-fault party was proven to be intoxicated at the time of the accident, they may be forced to pay punitive damages if they already had multiple substance abuse convictions. Be aware that punitive damages are considered taxable income unlike compensatory damages.

What Damages Can Be Claimed After A Motorcycle Accident?

You can help improve the overall value of your claim by understanding what damages you can claim in a motorcycle accident lawsuit. There are several different types of damages one may be able to pursue after being injured in a motorcycle crash. Here are some of the most common damages claimed after a motorcycle injury.

Medical Expenses

Medical expenses are perhaps the most common type of damage people claim following a motorcycle injury. Motorcycle accidents are extremely dangerous and can cause severe, often life-threatening injuries. These injuries often require expensive medical treatment to help the victim recover and may even require further treatment in the future.

Make sure to seek an immediate medical evaluation and treatment following an accident. Once your health and safety have been seen to, it is important to maintain organized and detailed records of your medical expenses. These expenses should all be included as damages claimed in your lawsuit. 

Medical expenses following a motorcycle injury can include (but are not limited to):

  • Ambulance fees
  • Healthcare consultations and diagnostic testing
  • Physical therapy
  • Cognitive therapy
  • Bodily disfigurement
  • Surgery or other procedures
  • Permanent disability
  • In-home services (medical or non-medical)
  • Accessories (crutches, wheelchairs, walkers)
  • Ongoing or future treatments

Wrongful Death

Motorcycle accidents are often deadlier than car accidents due to the relative lack of protection a motorcycle provides riders. Families who have lost a loved one in a motorcycle accident because of someone else’s reckless driving can claim damages for the wrongful death and any medical expenses incurred between the accident and time of death.

Lost Wages

Lost wages can be another unfortunate windfall brought on by injuries suffered in a motorcycle accident. Serious injury can prevent you from returning to work temporarily or even permanently due to disability. People may lose opportunities to earn income following their accident due to:

  • Attending physical therapy 
  • Time spent in the hospital (surgeries, diagnostic testing)
  • Physical disability

If your accident has prevented you from earning wages or working in the way you usually would, your attorney should take this into account when calculating the value of your claim. You will need to prove that your injuries have prevented you earning income or will impair your ability to earn income in the future.

Damage to Personal Property

Any damage that has occurred to your personal property because of an accident where you were not at fault can also be claimed in a personal injury lawsuit. You may want to seek compensation for any damage to your motorcycle, motorcycle helmet, or any other personal property damaged during the crash.

Out-Of-Pocket Expenses

Out-of-pocket expenses can be claimed as damages in a motorcycle injury claim as well. This could include the cost of transportation for medical examinations or therapy sessions, or the cost of altering the claimant’s motorcycle to accommodate any disability suffered in the accident. 

Pain and Suffering

Pain and suffering experienced after an accident can encompass any physical, emotional, or mental trauma the injury has produced. The damages a claimant can legally pursue due to pain and suffering can be determined by the severity and scope of their injuries as well as the likelihood of future pain and suffering the victim may endure.

Pain and suffering doesn’t simply refer to the physical pain an injury has caused, but also the emotional and mental trauma caused by the accident. Victims of a motorcycle accident may suffer from crippling anxiety or fear because of their injuries. This may prevent them from enjoying riding or other aspects of their life as a result.

Loss of Companionship

Loss of companionship is a type of damage that you can claim in a personal injury suit on behalf of the injured party’s spouse. Also known as loss of consortium, a claimant may seek compensation if their injuries have impaired or diminished their capacity for physical intimacy or companionship.

When To Hire A Motorcycle Accident Attorney

It is always important to remember that the first professional you should see after being involved in a collision is a doctor, even if you did not require urgent care. Your health and safety should always be your highest priority and the records from your initial medical examination may play a vital role in seeking damages for your injuries.

Once your physical wellbeing has been seen to, it is time to look for legal help. Insurance companies will often try to dissuade you from hiring a personal injury lawyer and attempt to intimidate you into accepting their initial settlement offer. However, motorcycle accident attorneys with experience taking on big insurance companies, such as those at Anderson Trial Group, will help you get the most out of your claim.

Motorcycle injury claims can involve complex litigation that may be difficult to navigate for the average individual. The attorneys at Anderson Trial Group are committed to providing the best legal representation available to the community of Ocala, Florida. Every case has its own unique set of circumstances and we focus on using our comprehensive knowledge of Florida injury law to attain the best possible outcome for our clients and their families.

Having a trained and experienced attorney on your side can benefit your case in a number of ways, such as:

  • Full Accident Investigation: Your attorney will perform a thorough investigation of the accident, securing any video or photo evidence and tracking down witnesses.
  • True Claim Valuation: Personal injury lawyers will look at all the factors involved in a case to assess what damages should be claimed and added to the value of a claim.
  • Legal Counsel: An attorney will provide you with legal counsel over the course of your claim and be your legal representation in any proceedings regarding your claim.
  • Your Attorney Wins When You Win: At Anderson Trial Group, you do not owe your attorney any payment unless your claim is successful or a settlement is reached.

How Is The Value Of Your Claim Calculated?

There are a multitude of factors that go into calculating the value of your claim. Insurance adjusters may calculate the value of your claim differently than a personal injury attorney. This is why hiring a lawyer can be very important. 

An insurance adjuster may try to get you to settle for a payment that is far less than what the value of your claim should be. A personal injury attorney will look at all the circumstances surrounding your case and use this information to calculate a fair and reasonable value for your claim.

Your lawyer will calculate the value of your claim by adding up the monetary value of all the damages and expenses you have incurred due to your injury. Additionally, your attorney will consult with your doctor or any healthcare professionals treating you to assess the cost of any future treatments or procedures you may need later. 

The value of any emotional or mental suffering (non-economic damages) caused by your accident is usually calculated by the insurer. Typically this value is reached by multiplying the total cost of economic damages by a number between 1.5 and 5. The more severe an injury, the higher the multiplier is.

Speak To The Ocala Motorcycle Accident Attorneys Today!

If you or a loved one has been injured in a motorcycle accident in Ocala, Florida make sure you hire the best local personal injury lawyers to represent you. The Ocala motorcycle injury attorneys at Anderson Trial Group have years of experience taking on insurance companies and fighting for the rights of our clients. 

We will work night and day to make sure you and your family are not left suffering in the aftermath of a dangerous motorcycle crash. Contact our legal team today at (352) 619-0995 to schedule your free case evaluation.

If you have been injured in a car accident, slip-and-fall, or other accident in Ocala as a result of someone else’s negligence, you may be considering filing a claim to get a personal injury settlement. Successfully pursuing a personal injury settlement can help you recover wages lost because of your accident or pay off medical expenses. 

However, before hiring a personal injury attorney, it is important to understand how a personal injury claim works and the costs involved in bringing a claim to court. The expert attorneys at Anderson Trial Group have the experience and knowledge to help guide you through the ins and outs of a personal injury claim. Schedule a consultation today to get started on your settlement. 

Attorney discusses how personal injury settlements work in Florida

How Do Personal Injury Settlements Work?

In order to win a personal injury settlement, the injured party must first formally file a personal injury claim. Once the injury lawsuit has been filed, the defense attorney (usually hired by the at-fault party’s insurance company) must be allowed time to look at all the pertinent pretrial information and gather their evidence. 

When the attorneys for both the plaintiff and the defendant feel they have sufficient information, pretrial negotiations will ensue. This often involves back and forth negotiations with the defendant making settlement offers and the plaintiff offering counteroffers until a settlement is agreed upon. 

Fortunately, most personal injury claims can be negotiated and settled before ever being brought to trial with the help of an experienced attorney. This can help save the claimant time and money without having to endure a lengthy legal battle. 

In cases where the guilty party is obvious, such as a car accident where the at-fault driver’s insurance company admits their client was responsible, can be settled fairly quickly out of court. Typically, the attorneys for both the plaintiff and the defendant will meet and negotiate a settlement that appropriately compensates the injured party.

However, some cases may be complicated and require a more nuanced approach from your personal injury attorney. If the defense is not quite ready to start negotiating a settlement, they may stall discussions to see if the plaintiff is willing to stick out a lengthy wait for their claim. An experienced personal injury attorney will view this as a good sign if you are willing to be patient.

Insurance companies use this tactic to see if the plaintiff will try and settle for a lower amount rather than continue to hold out for better compensation. Keep in mind, most injury lawsuits can take months or years to reach a settlement; the key is to be patient and trust your attorney to fight for the best possible outcome for you.

The Importance of Proving Negligence

Proving negligence on the side of the defendant is the most important part of a personal injury suit. In order to win a settlement, the plaintiff must show that they were injured as the result of another person’s or company’s negligence. 

A personal injury claim can relate to any physical, emotional, or mental harm suffered as the result of another party’s actions. To prove negligence, it must be shown that the defendant directly caused your injuries due actions they took or not performing actions they should have taken to reasonably ensure the safety of others.

Common types of personal injury claims in Ocala due to negligence include:

No matter what the injury or reason for the claim was, negligence must be proven in order to win the case. To demonstrate negligence on the part of the defendant, the plaintiff must prove:

  • Duty of Care: The defendant had a responsibility to be reasonably careful in the situation. 
  • Breach of Duty: Actions taken by the defendant or a failure to take necessary actions resulted in a breach of the defendant’s duty of care, causing an accident.
  • Causation: The plaintiff’s injuries were a direct result of the defendant’s actions.
  • Damages: Due to the defendant’s reckless actions or failure to act, the plaintiff suffered damages.

Common Outcomes after a Personal Injury Claim

As previously mentioned, most personal injury settlements are reached outside of the courtroom. In fact, according to a survey conducted by the popular attorney search site, NOLO, 67% of their readers received settlement payouts out-of-court while only about 4% actually went to court. On average, the readers surveyed in this study received $52,900 in compensation. 

The outcome of a personal injury claim and the cash value received in a settlement can depend on certain factors involved in the case. Generally, the severity of the injuries can play a key role in settlements with more severe injuries leading to higher payouts due to larger medical bills and more severe “pain and suffering” damages. Another factor is the defendant’s insurance policy limits. Insurance companies will not offer settlements higher than the limits established in the defendant’s policy.

While settlement payouts can vary widely depending on the circumstances of the claim, plaintiffs are almost certain to get a better outcome when they hire legal representation. Victims who hired personal injury attorneys received net payouts that were almost three times higher on average than those without an attorney representing them. 

This is why hiring an experienced attorney, like those at Anderson Trial Group, is crucial to getting the most out of your claim. Our attorney’s know who to navigate the often tricky legal crossroads involved in injury lawsuits and will fight to get you the compensation you are entitled to. 

What are the Costs Involved in a Personal Injury Settlement?

It is important to keep in mind that the purpose of a personal injury settlement is to help the plaintiff recover damages due to an injury and get back to living a normal life. A personal injury suit is NOT meant to be a way for someone to improve their financial situation. 

When negotiating for a fair settlement, be sure to factor in the costs of filing a claim that the payout will need to help cover. By doing this you can ensure that you are getting enough of a settlement to cover not just your medical expenses, but also your legal fees and loss of income as well. 

Documentation is key to winning a settlement and getting appropriate compensation. It is imperative to take detailed documentation of any and all expenses related to your injury. The sooner you hire a personal injury attorney, the better able they will be to help get you all the proper documentation you need for your case. This can include predicting the cost of any future treatments that may be needed.

Factors to consider when deciding on what a fair personal injury settlement would be include:

  • Medical expenses
  • Length of medical treatment 
  • Income lost as a result of the accident
  • Pain and suffering damages
  • Future medical treatment or post-accident treatment
  • Legal fees incurred

These are all important factors to think about before accepting any settlement offer. Make sure to discuss these factors with your attorney in order to determine the minimum payout you are willing to accept to avoid trial.

Attorney’s Fees

When a settlement is reached the first fees taken out of the awarded payout are your attorney’s fees. Attorney fees are usually set to be around 33% or ⅓ of the compensation awarded if the case is settled out of court. However, your attorney fees may move up to around 40% if the case goes to trial. This will depend on the contract you have in place with your attorney. 

Case Costs

When pursuing a personal injury settlement, certain case costs must be incurred. These costs can include paying for medical records, copy charges, and postage for pre-suit cases. It is important to note that case costs typically go up if the lawsuit goes to trial, sometimes reaching thousands of dollars in costs. This is often why the attorney’s for both the plaintiff and the defendant will work to settle a case out of court when possible. 

Medical Expenses and Liens

Finally, before any settlement money can go towards your “pain and suffering” damages or compensation for lost wages, a portion of your settlement must go towards paying off any outstanding medical liens or expenses. Any expenses owed for treatment rendered can be taken out of your personal injury settlement and paid to the doctors, hospitals, or government agencies that performed treatment.

Damages and Loss of Income

Once you have used your settlement to pay off any medical expenses, attorney fees, cases costs, or other expenses owed, the remaining payout can go towards covering any lost wages you incurred or compensation for “pain and suffering”. This is the money that will actually go into your pocket.

Personal injury attorneys can also help you retain more money for yourself out of a claim by negotiating with your healthcare providers for reduced bills. This can sometimes be a lengthy process, but in the end can help save you additional money on your treatment costs and the amount you have to pay out from your settlement. 

Speak With a Personal Injury Attorney in Ocala Today

If you or a loved one has been injured in Ocala, Florida as a result of someone else’s negligence, you may be entitled to compensation for your injuries. Hiring a personal injury attorney right away can help you get the most out of a personal injury claim and ensure that you and your loved ones are taken care of.

At Anderson Trial Group, our experienced and tenacious attorneys will work tirelessly on your case to ensure the best possible outcome for you and your family. If you are ready to speak with an attorney you can trust, give us a call at (352) 619-0995 or contact us via email at