Motorcycle accidents are an all-to-common occurrence. In recent years, the number of motorcyclists killed has increased significantly. In order to calculate damages in a motorcycle accident case, some specific laws and guidelines must be followed. Here is how these are calculated:
Physical Damage
The most obvious forms of physical damage in a motorcycle accident case include expenses such as medical bills, lost wages, and pain and suffering. These expenses are typically the most expensive. When calculating how much the injured party should receive, one must consider that there is often a lag between when an accident occurred and when medical bills start to be paid. By law, the victim cannot receive payments for damages until several weeks after being hurt. This is why the average payment for physical damages is usually lower than in other personal injury cases.
These expenses do not end with medical bills. Disability can also result in diminished earning potential and reduced quality of life. When calculating for disability, one must also consider whether the victim lost time from work, considering their career and earning potential. These figures are often reflected in a person’s income tax statements.
Past and future medical treatment expenses are commonly involved in motorcycle accident cases. Many times, a victim will receive care from the hospital at a discounted rate or in exchange for allowing surgeons to perform procedures they normally would not be able to perform (e.g., hip surgery). These rates may be deducted from the final settlement amount, but they must be factored into how much the injured party should receive as an upfront payment.
In addition to physical damage, the court may award the injured party damages for pain and suffering. These payments are only made in cases where the victim has been physically injured; they do not apply to emotional losses.
Property Damage
Property damage will most likely be a factor in any motorcycle accident case, especially if the accident involves other vehicles or property. Depending on the value of any property damage, one may be able to receive compensation for property losses through insurance and/or deductibles. These figures are often reflected in a person’s insurance bills, but they must be considered when calculating damages. Property damage may include damage to the motorcycle and any onboard personal property.
Property damage must also be considered when calculating how much the victim should receive in a motorcycle accident case. Motorcycle accident lawyers in Fresno will use the following formula to calculate these damages:
Physical damage + Property damage + Pain and suffering = Damages in a motorcyclist’s accident case.
Loss of income
Another factor must be considered when awarding damages in a motorcycle accident case. The loss of income is generally less than the loss of future earning potential, but it is still relevant. These figures are often reflected in a person’s income tax statements. Still, they must be considered when calculating how much the injured party should receive as an upfront payment. In addition to these factors, motorcycle accident lawyers must also consider any other payments that may be required. These payments will include taxes, interest, and attorney’s fees.
In conclusion, although damages in a motorcycle accident case can be difficult to calculate, it is possible. Motorcycle accident lawyers in Fresno, CA are trained to calculate damages in a motorcycle accident case and can help the injured party obtain fair compensation.
