After a motorcycle accident, you may be able to collect damages for your medical expenses, missed time at work, property repair or replacement costs, and other losses. The value of your damages may depend on the severity of your injuries and their impact on your life.
If a negligent driver caused your accident, you might be entitled to financial compensation. A personal injury lawyer may be able to help you estimate the value of your damages and pursue a claim.
Types of Damages in a Motorcycle Accident Case
Some of the damages you can collect for a motorcycle accident include compensation for property damage and expenses related to your injuries. Here are some of the specific damages you may be entitled to recover:
- Property damage: If your motorcycle was damaged or destroyed, you can claim the expense of repairs or replacement.
- Injury-related expenses: You may be entitled to compensation for medical bills such as doctor’s visits, hospitalizations, surgeries, prescription medications, X-rays, and rehabilitation therapies.
- Lost earnings: If you missed work while you recovered from the accident, you can claim lost earnings for that period. If you are unable to continue in your current line of work because of your injuries, you can claim the loss of future earnings as well.
- Pain and suffering: You can receive financial support for the mental or emotional impact of your injuries.
It is critical that you seek medical attention after a motorcycle accident. Your health is the primary concern, and the right medical care is important for your health. Proper documentation of your injuries is also essential if you need to seek compensation later.
Establishing Negligence in a Motorcycle Accident Case
To collect damages for a motorcycle accident, you must demonstrate that the other driver was at fault. Ohio uses a contributory fault system established under Ohio Revised Code (ORC) §2315.33. This system considers all parties’ contributions to the accident when determining damages.
If the other driver was completely at fault for the motorcycle accident, you can claim 100% of your damages. If you were partially at fault for the accident, you might only be able to claim a fraction of the damages. For example, if a judge decides that your own negligent driving behavior was 20% responsible for the accident, you can only claim 80% of your damages.
Sometimes, the other driver or his insurance company will claim you contributed to the accident to try to reduce the amount of compensation they may owe you. A personal injury lawyer can fight back against these claims and help you pursue the full amount of damages you may be entitled to recover.
The Statute of Limitations for a Motorcycle Accident
Note that you only have a limited amount to file a lawsuit after a motorcycle accident. The general statutes of limitations in Ohio are as follows:
- ORC §23105.10 sets a limit of two years for personal injury lawsuits, starting on the date of the accident.
- ORC §2125.02 sets a limit of two years for wrongful death lawsuits, starting on the date of your loved one’s death.
Some circumstances could alter these deadlines, but in general, you may lose your right to recover any damages if you wait longer than two years to take legal action.
What a Personal Injury Lawyer Can Do for You After a Motorcycle Accident
A personal injury lawyer can guide you through the legal aftermath of a motorcycle accident. Your lawyer can investigate the accident, estimate your damages, help you pursue an insurance settlement and, if necessary, represent you in court.
During their investigation, your lawyer will collect evidence about the accident to help determine negligence. Some of this evidence may include photographs from the accident, statements from eyewitnesses, and police reports.
Your lawyer can also collect evidence establishing the value of your claim. They can collect photographs of your motorcycle, motorcycle repair bills, photographs of your injuries, medical bills, and receipts for prescription medications. Your lawyer can also calculate the wages you lost during recovery and estimate your future lost earnings.
If you choose to file an insurance claim, your lawyer can handle all of the paperwork, communications, and settlement negotiations with the other driver’s insurance company. If you cannot come to an agreement with the insurance company, your lawyer can file a lawsuit on your behalf and represent you on trial.
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If you suffered injuries, property damage, or lost a loved one in a motorcycle accident, you may be entitled to damages. A lawyer from the Fitch Law Firm LLC may be able to help you recover compensation.