Types of Damages I Can Recover in a Motorcycle Accident
Were you injured in a motorcycle accident? If you were hurt while riding through the streets of Miami or cruising along the Overseas Highway, call our Miami motorcycle accident lawyers at Gerson & Schwartz P.A. We have decades of experience handling motorcycle accident insurance claims and lawsuits. Over the years, we have developed an in-depth understanding of the types of damages motorcycle accident victims can pursue. With our help, you can be confident that you understand the value of your separate damages and overall claim. You also can rest assured that our attorneys will take an aggressive approach to obtaining the maximum amount of compensation possible for you.
To learn more about your rights after a motorcycle accident caused by another driver, contact Gerson & Schwartz P.A. through our online form or by calling (877) 475-2905.What are Damages?
“Damages” is a legal term referring to the monetary awards you may receive from the at-fault party. When you are injured as a result of another person, business, or municipalities’ negligence, recklessness, or intentional misconduct, you have the right to file a personal injury lawsuit and pursue damages. Personal injury law seeks to have the at-fault party make you whole again. However, it is clearly not possible for the negligence party to turn back time or heal your wounds. Instead, to make you whole to the best of their abilities, the at-fault party can compensate you for your injuries. This compensation is referred to as damages.Categories of Damages
Damages are often discussed in broad categories. There are compensatory and punitive damages. Compensatory damages are meant to compensate you for your physical, psychological, and financial injuries. They also may be preferred to as actual damages.
Punitive damages are not intended to compensate you for any specific injury. Instead, they are meant to punish the wrongdoer for their conduct. Punitive damages are not allowed in ordinary negligence cases. Instead, you typically must prove that the at-fault party reckless or acted with malice. To discuss whether you may have a right to punitive damages, call a motorcycle accident lawyer in Miami.Specific Compensatory Damages Following a Motorcycle Accident
If you have recently been hurt in a motorcycle accident, then you are most worried about the specific compensation you can receive through the at-fault party’s insurance or from the negligent party themselves.
Our motorcycle accident attorneys for Miami will fight hard for you to receive compensation for you:
- Medical Costs: You may be able to seek compensation for your past, current, and future medical expenses that are connected with injuries sustained in the accident. If you have suffered from a serious or catastrophic injury that you will likely need medical care for in the future, it is particularly important that you talk with an attorney about anticipated medical expenses.
- Lost Wages: Following a motorcycle accident, you may have had to take time off work to receive medical care and recover in a rehabilitation facility or at home. During that time, you were unable to work and therefore, not getting paid. You can pursue compensation for the income you lost because of the accident and your injuries.
- Physical Pain and Suffering: When you are a hurt in an accident, you go through a great deal of physical pain. You have the right to pursue compensation for this suffering.
- Mental Anguish and/or Emotional Distress: The suffering you go through after being hurt in a motorcycle accident is never only physical. You may experience a great deal of grief, anger, resentment, anxiety, depression, and other emotions after a crash. You also have the right to pursue compensation for these invisible injuries.
- Scarring and Disfigurement: If the injuries you suffered in a motorcycle wreck left you with severe scarring or a disfigurement that is visible to others, talk with a Miami motorcycle accident attorney right away. The negative alteration to your appearance is an injury for which you can seek compensation. The more visible and the more severe a disfigurement, the greater the potential value of this injury.
- Disability: When a motorcycle crash leaves you with a physical limitation or disability, speak to a lawyer about the potential value of this disability. Being permanently affected by the accident may give you the right to pursue additional compensation.
- Reduced Earning Capacity: If a disability you sustained from the motorcycle accident has made it impossible for you to work, or has caused you to need change occupations, you may be looking at a future of lower wages. When your potential earnings are lower after the accident than before, talk with an attorney about pursuing this difference.
- Property Damage: In a traffic accident, your motorcycle was probably wrecked. You can pursue compensation for the value of repairing or replacing your motorcycle.
- Loss of Consortium: When you are injured, it can impact your relationship with your spouse. Depending on the type and severity of the physical injury, and whether you are suffering from anxiety and depression, you may no longer be able to carry on an intimate relationship. Your spouse may have the right to pursue compensation for the deterioration of your relationship.
If you were hurt in a motorcycle accident, do not hesitate to call Gerson & Schwartz P.A.’s motorcycle accident attorneys for South Florida at (305) 371-6000 or contact us through our online form.