Motorcycle Injury Accidents What Can You Recover

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If you have been involved in a motorcycle accident, you are probably wondering how much you are entitled to recover for your injuries and damages to your motorcycle. This, of course, won't be the only thought running through your mind, but it is one that is of great concern, especially if you have been hospitalized, lost time from work, use your motorcycle for transportation to and from work, or need expensive medical equipment to cope with an injury. The amount you are entitled to will vary greatly depending on any or all of the situations listed above. Additionally, any monetary amounts you may be entitled to vary from state to state. Conversely, there are many federal compensation laws that stay the same in every state.

In general, you are entitled to recover any of the following expenses: medical expenses, future medical expenses that may arise as a result of the motorcycle accident, lost wages, pain and suffering, probable loss of wages in the future, and property damages. In some cases, you may be able to recover damages from loss of relationship with a spouse, and if the other party was grossly negligent, you may be able to recover punitive damages. If you incur other out-of-pocket expenses due to your injuries, you may be able to recover those damages, too.

Other damages include vocational rehabilitation or job retraining. This involves compensation for the costs of having to be re-trained into a new job or occupation. In the case of a death, the heirs are not entitled to pain and suffering compensation, and in many states they are unable to recover for pre-death pain and suffering. They do recover for the "loss of aid, comfort and society" of the lost loved one, and for the diminution of the estate.

The spouse of a motorcycle accident victim may be able to recover compensation when the injury is so severe that it interferes with their relationship. A real detriment may be suffered by the family member, and many courts recognize the rights of the spouse of the injured party to recover an appropriate amount for the loss of support, love, services, companionship, sexual relations, affection, and solace. This is called the loss of consortium.

Now, in order to recover any damages, you first have to prove your case. This is a task that you should not attempt to undertake on your own. In order to successfully prove your case and recover damages resulting from a motorcycle accident, you must hire a motorcycle accident lawyer or personal injury attorney right away.

An experienced motorcycle accident lawyer or personal injury attorney will be well-versed in motorcycle laws as they pertain to individual states and on a national level. They will be able to seek compensation from insurance companies, individual drivers, and government entities. Government entities can have a claim filed against them if the motorcyclist suffers injury as a result of a roadway defect, like poor maintenance, design, or repair of road hazards. Deadlines for filing a claim against local, state, or federal entities are often stricter, meaning a motorcyclist who was injured as a result of a preventable road hazard must act quickly. The statue of limitations for filing against entities existing outside of the government tend to be longer—usually between two and three years—but they vary from state to state.

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