The purpose of a lawsuit is to secure compensation for the losses that you sustained after an accident, known as compensatory damages. There are numerous things to consider when calculating this, so it is recommended that you speak with a Board-certified motorcycle accident attorney like David E. Gordon. He has the experience to know what sort of available damages exist in a Memphis motorcycle accident.
Most notably, an injured biker can recover the full price of their medical bills that they incurred due to this accident. This means that the other driver is responsible for the price of the medical bills, even if the biker’s health insurance company aids in paying the bills at a discount. The other driver is nevertheless responsible for the full price. These are the easiest losses to calculate for a Memphis motorcycle crash because it usually just requires showing the receipts for the treatment and adding them up.
A biker who is unable to work because of their injuries is entitled to be compensated for that period of time where they are unable to earn an income. The compensation for lost earnings is equal to the biker’s actual loss. In other words, the biker must provide evidence of their employment, their rate of pay, and the particular dates missed as a result of the injury. In order to make this claim, it is important that the biker have a doctor’s excuse from work. They might be able to obtain payment for a day or two after a crash even without a doctor’s excuse, but anything longer is going to require a formal note from a physician.
Pain and suffering refers to compensation for the biker’s physical and mental pain during the crash and throughout the entire period of rehabilitation. The amount of compensation for pain and suffering depends upon the size of the crash, the severity of the injury, and the length of time it takes the biker to recover.
If they suffer a permanent injury, such as an injury to a disc in their spine, or a fracture that requires surgery, then the claim should be made based upon the estimated lifespan of the biker. A 25-year-old with a permanent injury makes a claim based upon the next 60 years, whereas a 65-year-old makes that claim for the next 20 years. In either case, permanent injuries deserve substantial compensation.
In addition to compensation for pain and suffering, an injured motorcyclist in Memphis should have available damages for what the law calls the loss of enjoyment of life. This concept includes things like loneliness and isolation, which an injured person experiences when they are unable to return to work over a substantial period of time.
It also includes other emotional losses such as the inability to pick up their child, the inability to attend a wedding, graduation, or a family vacation. It might include the inability to maintain a fitness regimen as one did before the crash. These should not be overlooked in making an injury claim. David can provide guidance as to what could be included in this category.
If the biker’s injury has resulted in a scar or disfigurement, then this is a separate claim item. A scar to the knee or elbow is not extremely significant, but a scar to the face or hands should be an important part of an injured biker’s claim since it might provide a level of embarrassment for years.
The Law Office of David E. Gordon has years of experience handling motorcycle claims. To make sense of the available damages in a Memphis motorcycle accident, call us for a free consultation. You should be able to fight for every dollar that is owed to you.