A motorcycle ride through Bloomington, Indiana can feel like a carefree, thrilling adventure. Nevertheless, in a split second, an unexpected motorcycle accident can change your life forever. No one expects the trauma of a collision or the lasting pain and suffering it can cause.
Even a minor motorcycle crash can cause severe injuries and emotional trauma. You should be able to focus on healing and getting back to your former life. However, mounting bills, painful injuries, and insurance companies that are reluctant to pay out your valid claim may leave you wondering where you can turn for help.
If you’re ready to seek the justice that you’re owed, a Bloomington motorcycle accident lawyer can help walk you through the legal process and stand beside you as you seek the justice you deserve.
Damages you might seek after a Bloomington motorcycle accident
Although you can file a personal injury claim and lawsuit on your own, you may not possess full knowledge of the damages you can legally seek. A Bloomington motorcycle accident lawyer can advise you on the merits of your case and assist you in determining the compensation you might receive.
At Yosha Law, we aren’t afraid to take on the Goliath insurance companies — we understand the tactics they might use to try to get you to accept a lowball settlement. A free consultation with our personal injury lawyers may equip you in claim negotiations, and help you to begin to process your accident and its impact on your life.
Even minor injuries may entitle you to damages. Thus, it’s vital to understand what damages refer to and the types of compensation you may be owed.
What is the legal definition of damages?
Damages refer to the compensation awarded directly to cover the losses you’ve experienced as a result of your motorcycle accident. Motorcycle accidents, catastrophic injury, and wrongful death are examples of civil lawsuits that could result in damages awarded to a plaintiff.
What are economic damages?
Also referred to as special damages, economic damages have a set, quantifiable value. In other words, the economic damages you might be awarded are based on the bills you’ve incurred.
A Bloomington motorcycle accident attorney can help you to calculate the amount of your combined present bills and future bills that are the direct result of your accident. If your case goes to court, a judge or jury will determine the final amount of your compensation.
Economic damages can include:
- Lost wages:
If your accident causes you to miss work, you may be entitled to all lost hourly or salary payments, bonuses, paid time-off (PTO), and if you’re a service worker who depends on tips, this may be considered lost wages, too.
- Medical bills:
Any present and future medical bills you incur as a result of injuries sustained in your accident might be grounds for owed damages. This includes any hospital stays, medical appointments, prescriptions, surgerites, tests, and treatments.
- Property repairs or replacement:
If you need to repair or replace your motorcycle or any other property damaged in your collision, these costs can be claimed as economic damages.
- Transportation:
Any cabs, Lyfts, Ubers, or public modes of transportation you need to take as you wait for your bike to be repaired or as you wait for your injuries to heal are considered economic damages.
Non-economic damages
Also referred to as general damages, non-economic damages are focused on the non-quantifiable suffering you’ve endured. A price tag cannot be placed on your trauma. However, it’s important that you still have an avenue to seek compensation for the painful losses you’ve experienced as a result of your motorcycle accident.
Some examples of non-economic damages are:
- Catastrophic injuries:
Traumatic brain injuries (TBIs), paralysis, and vision or hearing loss are just several types of catastrophic injury. Although the overwhelming medical bills surrounding your injury are economic damages, catastrophic injury can be permanently life-altering and deserves non-economic damages, too.
- Disfigurement or scarring:
The lack of protection a motorcycle offers could lead to significant facial or body disfigurement or scarring. An attorney may recommend that you seek non-economic damages for these injuries.
- Pain and suffering:
Pain and suffering damages cover all of your mental, physical, and psychological pain including emotional trauma and chronic physical pain.
- Loss of enjoyment:
Loss of enjoyment refers to your diminished ability to experience comfort and happiness from the activities you loved prior to your motorcycle accident.
For example, if you were an avid swimmer, but you tore ligaments in your collision and can no longer swim, this loss of enjoyment may be covered by non-economic damages.
How a Bloomington motorcycle accident lawyer can help
You can contact and retain Bloomington motorcycle accident lawyers at any point after your accident. However, if you proceed with an insurance claim and accept a quick settlement before you contact a lawyer, you won’t be able to get more compensation if you still have accident-related bills the settlement didn’t cover.
It may feel tempting to accept the first offer you receive, but you should consider whether that offer will cover the pain and suffering you’ve endured and any future bills you may incur.
A personal injury lawyer in Bloomington who is experienced in motorcycle accident claims can guide you through each step of the legal process and help you as you negotiate with the insurance company.
How Yosha Law’s motorcycle accident attorneys can help
The team of motorcycle accident attorneys at Yosha Law understand how stressful and overwhelming the aftermath of your collision can feel. You can contact us for an obligation-free consultation, and we can start working on your case.
Our lawyers can help you in the following ways:
- Explain your legal options in easy-to-understand language
- Explore the merits of your case and give you an honest opinion on whether or not you should pursue a personal injury claim
- Collect evidence from your motorcycle accident, including photos, eyewitness statements, and police reports
- Provide counsel as you discern whether you should escalate your insurance claim and file a lawsuit
- Retain forensic witnesses including crash and motorcycle experts
- Act as your representatives in any settlement negotiations or legal meetings
- Fight for you in court if your personal injury lawsuit can’t be settled and goes before a judge or jury
We can help determine liability in your accident
Liability isn’t always easy to prove after a motorcycle accident. For example, if your bike was hit by multiple cars, you may need to file your claim against multiple parties, or, it may be revealed that one vehicle was responsible.
In order to prove negligence and liability, our Bloomington motorcycle lawyers will seek to do the following:
- Establish duty of care. Legally, duty of care refers to the standard of caution, attention, and prudence every driver is required to follow. In order to prove liability in a motorcycle accident, you must first establish that another party involved in the collision violated the duty of care every vehicle operator holds.
- Show causation. If a vehicle operator breaches their duty of care and this breach caused you harm, it can help prove your claim.
- Prove damages. A Bloomington motorcycle accident lawyer who establishes duty of care and causation can then use evidence to show that the at-fault party owes you damages.
Types of injuries our motorcycle accident lawyers represent
You may think that because you walked away from your motorcycle crash, your injuries don’t merit an insurance claim or lawsuit. However, your suffering still matters and comes at a financial and personal cost.
The most common injuries our attorneys have represented in personal injury cases range from minor to severe. These injuries include:
- Bone bruises
- Broken bones
- Hematomas
- Joint sprains
- Paralysis
- Road rash
- Spinal cord injuries
- Torn ligaments
- Traumatic Brain Injuries (TBIs)
Indiana motorcycle accident laws you need to know
After your accident, it’s vital that you know the state laws that can impact your legal options. State regulations that may affect your personal injury claim include comparative fault, helmet and safety equipment rules, and the Indiana statute of limitations.
Comparative fault
Comparative fault, also known as comparative negligence, is used to determine personal injury claims in 13 states, including Indiana. If your negligence in your motorcycle accident stands at 50% or greater, you may not have a valid legal claim.
If you’re over 0% at-fault, but less than 50%, the amount of your compensation may decrease to reflect your liability.
Indiana helmet laws
If you’re a motorcycle rider under the age of 18 in Indiana, the law requires you to wear eye protection and a helmet. Certified eye protection and helmets can also protect adult riders on the road.
Statute of limitations in Indiana
Indiana code § 34-11-2-4 provides two years from the date of your accident to file a personal injury claim. Exceptions can be made if you were a minor or were mentally incapacitated at the time of the accident.
Unfortunately, if you wait for longer than two years, an insurance company can refuse to cover your claim, and the courts may prevent you from any further legal recourse. A Bloomington motorcycle accident attorney can help you ensure that you file your claim well within the legal window.
How much you can get in a motorcycle accident claim
Although we cannot guarantee a victory in your case, we’ve fought hard and won large settlements and verdicts for our clients. Some of the largest personal injury compensatory amounts awarded to our clients include:
- A $3 million verdict for a client who was initially offered $200,000 from the insurance company.
- A $5 million settlement awarded to a client who suffered a TBI in a car accident. The insurance company initially denied the client’s claim.
- A $7.5 million verdict for a plaintiff who suffered injury in a slip and fall accident. The insurance company’s initial offer was only $300,000.
Get a free consultation with a motorcycle accident lawyer in Bloomington
Our clients are not just cases or numbers — each client becomes a member of our extended family. We understand how traumatic the aftermath of an accident can prove to be, and we care deeply about helping you in any way that we can.
You shouldn’t have to walk the road to healing on your own. A Bloomington motorcycle accident lawyer can stand beside you and negotiate for the settlement you are owed. Yosha Law will stand in your corner and fight for justice in your case.
Connect with us today to schedule your obligation-free consultation and be sure to check out our blog for more insights into motorcycle accidents and personal injury cases.
