If you’ve suffered an injury in a motorcycle accident caused by a careless motorist or someone else, you’re probably weighing your legal options. During your research, you’ve no doubt come across the legal term “damages”. Here’s information on what damages are in a Florida motorcycle accident. And how the different types of damages may have an impact on your case.
The Eberst Law Firm has a team of attorneys who have helped motorcycle accident injury victims for years. We know all about the complexities that can be a part of these kinds of cases. And we know how to navigate them. Our team will keep you fully informed throughout the entire process. And we’ll work hard to help you obtain maximum compensation.
You can give us a call at 1-888-CALL-JON to schedule a free review of your case, or you can contact us online.
Explaining Damages in a Florida Motorcycle Accident
Anytime someone is harmed in a personal injury accident, such as a Florida motorcycle accident, they’re going to experience losses, known as “damages” in legal terms. Florida law allows injury victims to recover damages from their motorcycle accident through a personal injury claim. The harm a motorcycle accident causes is not just physical. A Florida motorcycle accident can also create damages related to emotional harm and property damage.
Damages You Can Recover in a Florida Motorcycle Accident Claim
There are three main kinds of damages that could potentially be recovered in your case. They are economic, non-economic and punitive. Here’s a closer look at each of them.
Economic damages are tangible. That is, they have a monetary amount assigned to them. You can, for example, get a printout of your medical bills and hold it in your hand. You can get pay stubs showing how much money you’re losing every week because you’re not getting paid due to missing work. All an attorney has to do will be to add up all of those costs, document them, and demand that money from the at-fault party’s insurance company.
Examples of medical economic damages include:
- Ambulance transportation
- Emergency medical treatment
- Surgical costs
- Doctor visits
- Hospital stays
- Physical therapy
- Prescription medications
- Long-term medical care
- And many others
But you don’t just deserve compensation for your current medical costs. You may also need ongoing care before you can physically recover fully from the injuries you’ve suffered. A skilled attorney will also take those into consideration when demanding compensation.
The same principle applies to your economic damages for lost wages. Your attorney will not only demand the money you’ve lost so far. They’ll also advocate for you to be compensated for any money you may lose in the future. Your injuries might be so severe that you miss out on bonuses or promotions, in addition to your income. All of these monetary damages will be factored into your Florida motorcycle accident claim.
These are more subjective losses, ones that aren’t easy to assign a dollar value. This is why you need the help of a skilled legal representative, one who will know how to do just that.
One example of non-economic damages is pain and suffering. You’re going through a lot of discomfort, and you might not be able to do the things you loved to do before you were hurt. You’re also having to deal with an incredible amount of stress. Pain and suffering damages can help you obtain compensation for all of the hardship you’re experiencing.
Non-economic damages also apply to your career. You might have to take a lower-paying job because you’re no longer able to do what you once did. Loss of earning capacity is another form of damages that could provide you with additional compensation.
If you’ve been disfigured or permanently disabled, you’re very likely suffering severe emotional and mental trauma. You could possibly receive compensation for that trauma.
When a personal injury case goes to trial, a jury will sometimes award punitive damages, which can be substantially higher than economic or non-economic damages. These are awarded when someone commits an act of gross negligence – something so careless and reckless that they should be punished. The goal is to punish them so severely that they’ll never do anything like that again. Punitive damages are also meant to discourage others from committing a similar type of negligence.
It’s important to note, however, that punitive damages are very rare. Also, the state of Florida places a cap of $500,000 on punitive damages. Injury victims can either be awarded that amount, or three times the amount of the combined total of their economic and non-economic damages combined – whichever amount is larger.
How Much Will My Florida Motorcycle Accident Settlement Be?
No attorney worth your consideration will ever flat-out promise that you’ll win a certain amount of money before they have all the facts. But once your legal representative has those facts, they’ll be able to give you a pretty good idea of what they’ll try to obtain on your behalf.
In general, the worse a victim’s injury, the more money they’ll be likely to receive. For example, someone with a severe TBI (traumatic brain injury) will probably get more compensation than someone who has a more short-term injury, such as a broken leg.
That’s one of the reasons why it will be so critical that you hire an attorney as soon as you can. They’ll launch an investigation into the accident, determining why it happened and who’s to blame. They’ll also take a close look at your medical records to get an idea of how much money it will cost to treat you now and in the future if necessary. Your legal representative will also look at other damages, such as your pain and suffering, lost wages and others.
Once all that is done, they will then demand full and fair compensation.
Do I Need to Hire a Florida Motorcycle Accident Attorney to Recover Compensation for my Damages?
There is no way you’ll be able to handle all of the complexities that can arise from a motorcycle accident lawsuit. You’ll have to deal with a mountain of paperwork, and you’ll be going up against seasoned insurance professionals, as well as their own lawyers. They know every trick in the book, and they’ll use all of them in an effort to destroy your case.
If you have an attorney by your side, however, that won’t happen. The Eberst Law Firm will know exactly how to provide you with the most effective representation possible to give you the best chance of getting what you deserve.
Schedule a free consultation by contacting us online or calling 1-888-CALL-JON.