Motorcycle Accident Lawyer in Haymarket
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The road to recovering from motorcycle accident injuries can be a long one. It can also get very expensive along the way. If you or a loved one has suffered debilitating motorcycle accident injuries, you know how substantial they can be.
If inattentive driving, improper road maintenance, or other negligence caused you to suffer injuries in a motorcycle accident, you may be entitled to compensation.
Who Might Be Liable for My Accident?
Determining who is at fault for a motorcycle accident requires a careful analysis of every factor that potentially contributed to your injuries. The following are possible liable parties (which may not apply in all cases):
- Another Motor Vehicle Operator: Drivers owe each other a duty of care to abide by all published traffic laws, operate their vehicles safely to account for weather or road conditions, and generally to act as a reasonably prudent driver would act under the circumstances. If another driver failed to do so and caused your accident, you can hold him liable.
- Equipment Manufacturer or Supplier: Sometimes a motorcycle’s component parts fail, such as brakes, resulting in either the cause of an accident or in an exacerbation of injuries resulting from another cause. Personal protective equipment (e.g., helmets or safety goggles) can also fail. These failures can occur because of negligent product design or manufacturing processes. Sometimes failing to warn an operator of certain risks constitutes negligence on the part of a manufacturer or supplier.
Jim Parrish and his team will examine your case, determine all liable parties, and hold them responsible.
What Can I Recover for My Injuries?
Motorcycle accident injuries often cause impacts to the head, resulting in traumatic brain injuries (TBI) and facial fractures. Back injuries are also common and might include broken vertebrae and spinal cord injuries. Other serious injuries might include limb amputations, paralysis, cognitive impairment, sensory loss, and disfigurement.
These injuries are often permanent and catastrophic, which means you can expect to recover a higher settlement than if you just needed to take a few weeks off work and recover from a broken leg.
Each case is unique, but you may be able to recover damages from any of the following three categories:
Special (Economic) Damages
These are damages that have set dollar amounts. An insurance company or jury arrives at these figures using medical treatment bills (or estimates of future treatment costs); lost earning documentation; and property repair or replacement estimates or bills.
These damages include:
You have probably maintained a file on the costs of all medical treatment you have received to date. An estimate on what your future medical needs will cost may come from an expert witness familiar with the nature and extent of your injuries. Compensable medical expenses can include:
- Emergency transportation expenses
- X-rays, PET scans, CT scans, MRIs, etc.
- Bills from treatment providers (e.g., medical doctors, chiropractors, acupuncturists)
- Prescription and over-the-counter medication
- Physical therapy
- Vocational or occupational therapy
- Psychotherapy or counseling
- Assistive mobility devices
- Accessibility modifications to vehicle or home
- Home health care or nursing home services
- Non-medical expenses incurred for medical reasons (e.g., child care, household maintenance, or repairs the injured victim would have made himself/herself but for the accident)
Loss of Earnings and Diminished Employment Opportunities:
If your health and/or your medical appointments caused you to miss work, reimbursement for lost wages is part of your special damages. This is the case even if you have been self-employed. In the event of self-employment, your profit and loss statements (among other documentation) could substantiate your lost income claim.
Based upon your age, education, occupation, experience, and life expectancy, a vocational or occupational expert may provide an opinion as to your loss of future earnings. A forensic economist can discuss the value of defined benefit or defined contribution earnings, Social Security benefit base, and related future income factors.
The repair or replacement cost of your motorcycle, accessories, and clothing is another compensable aspect of special damages. You may be entitled to compensation for any property (e.g., your bike, clothing, and other property on your person) damaged in the accident.
General (Noneconomic) Damages
Not all damages have a set dollar amount. “Pain and suffering” and inconvenience fall into this category.
The physical agony of the accident itself and the recovery process is compensable and can include both past and future pain. The disruption of the accident on your life, sometimes called “inconvenience,” is also compensable.
Motorcycle accident injuries can also cause emotional distress. Examples of this are loss of enjoyment of life, profound sadness, fear, and anger. Emotional distress can also manifest as anxiety or humiliation due to disfigurement.
Punitive Damages in a Motorcycle Accident Case
If the cause of the motorcycle accident was another driver operating his/her vehicle with a wanton disregard for safety or a prohibited blood alcohol concentration (BAC), the victim of the resulting accident can pursue punitive damages.
Courts sometimes refer to punitive damages as “exemplary” damages, in that the court’s intent is to make an “example” of the offender. Although punitive damages (if the court awards them), go to the victim, the goal of punitive damages is not to “compensate” the victim. The goal of punitive damages is to punish the offender and prevent such behavior in the future.
Parrish Law Firm, PLLC Helps Motorcycle Accident Victims
The Parrish Law Firm, PLLC offers award-winning legal service to victims looking for an aggressive motorcycle accident lawyer in Haymarket, VA. To discuss your compensation recovery rights, call the Parrish Law Firm, PLLC at 571-229-1800.