What Damages Can I Recover After a Motorcycle Accident in California?
If you were in an accident while riding a motorcycle and someone else was at fault, you may be able to file an insurance claim or a Roseville motorcycle accident lawsuit to obtain compensation for your injuries and other losses.
Knowing what types of compensation you could be entitled to is important, as you may otherwise end up leaving money on the table. Common types of damages you can recover include the following:
Economic Damages
Economic damages can be easily calculated with bills and receipts. The goal is to make you whole again financially, putting you in the same place financially as you were before the accident. This generally includes the following:
- Current medical expenses: This covers the cost of any hospital stays, doctor visits, prescriptions, surgeries, ambulance rides, and any other care or treatment you’ve needed because of your injuries.
- Future anticipated medical expenses: If you’ll need ongoing care like physical therapy, surgeries, or long-term medication, those future medical costs can also be included in your claim
- Property damage: You can collect money to replace your damaged property, like your motorcycle or helmet. Any valuable items you had on your person may be covered as well, like a cell phone.
- Lost wages: If your injuries have caused you to miss work, you can recover the money you would have made during that time.
- Lost earning capacity: If your injury makes it impossible to earn as much as you could before, it’s possible to seek payment for the difference in your long-term income.
It’s not guaranteed that you will receive all of these types of damages. The exact outcome depends on the specifics of your case.
Non-economic Damages
These are the damages you’re entitled to because of how the accident has affected your day-to-day life in ways that cannot be objectively put into an amount of money. Common examples include:
- Pain and suffering: This includes compensation for the physical pain and emotional distress you’ve dealt with as a direct result of your injuries. Many people experience anxiety or post-traumatic stress disorder after a serious accident.
- Loss of consortium: If your injuries have harmed your relationship with your spouse or partner, you may be paid for that loss of companionship and love.
- Disfigurement: You may receive damages if the accident has left you with scarring or a physical appearance that is permanently altered, as this can cause changes in your life and damage to your self-esteem.
- Loss of enjoyment of life: If your injuries prevent you from enjoying certain hobbies that you used to participate in, you can collect compensation for that. This could be playing sports, hiking, traveling, playing with your kids, or anything else you used to do.
These damages are harder to quantify, but they often make up a fairly large portion of an accident claim. It’s important to work with an experienced Roseville personal injury lawyer who can help you calculate these damages and demand the compensation you truly deserve.
Punitive Damages
Punitive damages are awarded to injured parties as a way to punish the defendant for acting in such a careless way. They are also meant to deter similar future behavior. They are awarded less rarely, only when it can be proven by clear and convincing evidence that the defendant acted with oppression, fraud, or malice.
ARTICLE 3. Exemplary Damages [3294 – 3296] ( Article 3 enacted 1872. )
(a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.
There’s no way to determine the amount and type of damages you’ll receive without looking at your case. If you’re ready to get started and want to know what damages you may be able to expect, our team can help. Reach out today to schedule a free consultation with a California motorcycle accident lawyer.