Many people in Massachusetts love riding motorcycles. It can be both a hobby and a lifestyle for bikers of all types. However, motorcycle accidents do happen, and they can be costly. If this has happened to you, life might seem as if it is spiraling out of control. At this point, you may be wondering what types of damages you can be compensated for.
If you have been injured in a motorcycle accident, call Kiley Law Group today. In our 40 years of service, we have helped our clients win over $500 million in damages. Our team of experienced attorneys includes some of your fellow bikers. Our legal team, therefore, understands what you need and will work hard to help you get the damages you deserve.
We are available 24/7 for a free consultation. Call Kiley Law Group at (888) 435-1321. There are never any out-of-pocket fees for our legal services. We only get paid if and when you win compensation.
Motorcycle Accidents Are Costly
The Canadian Medical Association Journal conducted a study of the medical costs of motorcycle accidents in Ontario. Researchers compared motorcycle and automobile accidents to determine which were costlier. The results of the study were a little surprising:
- Motorcycle accident injury rates were 3 times higher
- Severe injuries for motorcycles were 10 times greater
- Motorcycle deaths were 5 times higher
The higher incidents of injuries made the cost of motorcycle accidents 6 times higher than automobile accidents. While this is only one study in one Canadian province, the same is true in the US. The NHTSA compiled data from over 25 studies and found that motorcycles had the highest crash costs per person-mile.
Motorcycle Accident Damages That Can Be Pursued in Massachusetts
If you’ve been injured in a motorcycle accident, you may already understand how expensive the medical costs can be. Add in lost wages from not being able to work and you will see a dire situation brewing. In this situation, you may be looking for ways to be compensated for your injuries. There are two types of damages you may be able to claim: economic and non-economic.
Economic damages are easy to calculate as they are the financial losses that happened because of the accident. Non-economic damages are harder to add up, but you can still be financially rewarded for those hardships as well. Here is a list of both economic and non-economic damages you could receive, depending on your situation.
The most expensive part of a motorcycle accident claim is often medical bills. Health care in the US is not cheap. Since motorcycles cause more severe injuries, medical bills are likely going to be higher than other types of accidents. The good news is that you can pursue compensation for all your medical bills.
The types of medical costs you can expect to accumulate after a motorcycle accident include:
- Hospital bills
- Doctor bills
- Prescription medicines
- Physical therapy
- Ambulance transportation
- Travel for appointments
If you have crashed your motorcycle, it may need repairs or to be fully replaced. Many of the average bikes, like Harley-Davidson, can cost tens of thousands of dollars. Higher-end motorcycles that were uniquely designed can go for $100,000 or higher. Replacing parts or the entire bike itself can get quite expensive.
If you want to be compensated for property damage after an accident, remember to retain proof for the insurance company. Collect and save every single invoice, receipt, and quote that you received after the accident. This can all be used as proof of the repair costs that will be required because of someone else’s negligence.
If your motorcycle is considered a total loss, you should be able to be compensated for the full fair market value of the bike.
After a motorcycle accident, especially if your injuries are severe, you can expect to miss some time from work. Recovery may be long and keep you from doing your job for anywhere from several weeks to several months. In a worst-case scenario, you may never again be able to work in the same capacity as you did before the accident.
The amount you can receive is calculated based on the number of losses you incur during your recovery time and the estimated long-term effects of your condition. This amount includes your wages, paid vacation time, and other benefits you might have lost.
Diminished earning capacity
If you are expected to miss work for an extended period, you may be able to estimate any future lost wages. There is a term called Maximum Medical Improvement, or MMI. Your doctor should be able to tell you how long it will take you to recover from your injuries. After a certain amount of time has passed, you are considered to have reached MMI.
In some instances, your injuries may be severe enough that you reach your MMI limit, but you are still dealing with your injury. You may be facing long-term or even permanent disability. You may even be able to work again, but in a diminished capacity. This could mean losing out on a lifetime amount of earnings. This can include expected salary bumps, raises, and benefits you might have received.
Pain and suffering
After you have been injured in a motorcycle accident, you are likely going to be in tremendous pain. Pain is bad enough on its own, but if it continues for weeks, months, or even years, that is considered to be suffering. A painful injury, like nagging back pain, can last for the rest of a person’s life. This is why motorcycle accident victims can be financially compensated for pain and suffering.
Lawyers and insurance companies may have different processes for how they calculate pain and suffering. They could score how severe the injury is and multiply it by how long it lasted to determine how much an injury is worth, while other companies may use a computer program that offers a base amount based on the type of injury.
A significant accident can cause emotional and mental trauma. This trauma can be so bad that it causes a lifetime of damage to the victim of an accident. It is not just the accident itself but also the stress and the anxiety of life after an accident. This can include problems such as worrying about paying the bills and taking care of your family.
Mental anguish symptoms can include:
- Anger and frustration
- Cognitive or behavioral changes
Loss of enjoyment of life
“Loss of enjoyment of life” is a legal term used to describe how physical and/or mental injuries affect a person’s day-to-day life. For example, suppose you lived a very active lifestyle before your motorcycle accident. After the accident, nagging injuries, emotional distress, and money issues prevent you from living as you did before. This is especially true if you are stuck at home recovering.
Several factors can be considered when determining loss of enjoyment of life compensation, including:
- The victim’s age
- The educational background of the victim
- The victim’s work history
- The severity of the victim’s injuries
- The nature of the activity that has been lost due to the accident
- Any future impacts the injury will cause, such as long-term disability
Loss of consortium in Massachusetts
Loss of consortium is another way to receive damages after a Massachusetts motorcycle accident. Married couples can enter a time of extreme difficulty if one mate becomes injured.
Beyond financial troubles, your challenges might also include:
- Loss of parenting help
- Loss of help with household chores
- Loss of assistance
- Loss of companionship
- Loss of intimacy, including physical intimacy
- Loss of social relations
Areas of consideration for loss of consortium include:
- How the accident impacts the relationship
- The stability of the marriage
- The seriousness of the injuries caused by the accident
- The life expectancy of the couple
- How much of the loss was the result of the other party’s negligence
Wrongful death damages
In some cases, a motorcycle accident leads to a person’s death. As a family member of the decedent, you may want to file a wrongful death suit to collect damages. This loss can cause a tremendous amount of grief and can also leave behind major financial burdens. These burdens can include funeral expenses, medical expenses, and more.
According to Massachusetts law, the only person who can file a wrongful death suit is the executor of the deceased’s will. If the deceased left a will, the executor will likely be named as the person responsible for ensuring final responsibilities are met. If someone is not named in the will, then the court may grant those privileges to a trusted administrator.
Call Kiley Law Group Today to Make a Strong Case
After you have been injured in a motorcycle accident, the last thing you want to do is fight the insurance company. Your focus should be on making a full recovery as quickly as possible.
That is why you should leave the fight to Kiley Law Group, so you can have peace of mind. Our attorneys are tough and skilled at negotiating a fair settlement on your behalf.
Call Kiley Law Group today at (888) 435-1321 for a free case evaluation. There is no fee unless you win.