Riding a motorcycle down the open roads of Westfield, Indiana can feel exhilarating. Motorcycles provide freedom to enthusiasts, but operating a bike can leave you particularly vulnerable in an accident as well. In an instant, your life can transform forever.
Motorcycles don’t offer the same protection as you can find in other vehicles, which means that even the most minor collision can cause severe pain and trauma. Whether inclement weather or other drivers put your ride in jeopardy, you may not see an accident coming.
Significant injury, a lengthy journey to recovery, and mounting, unexpected costs can be the result of your motorcycle accident. You may be left wondering where you can turn for help. A Westfield motorcycle accident lawyer can help guide you on the legal path to justice and fight for the compensation you deserve.
- What you need to know about Westfield motorcycle accidents
- Why you need a lawyer after a Westfield motorcycle accident
- Compensation after a Westfield motorcycle accident
- How Yosha Law can help
- Indiana motorcycle accident laws
- Contact Yosha Law
What you need to know about Westfield motorcycle accidents
In Westfield and greater Hamilton County, motorcycle accidents can occur in any weather conditions, and may happen on the driest, sunniest days. Many motorcycle crashes in Hamilton County result in significant injury or even fatalities.
According to the NHTSA (National Highway Traffic Safety Administration), motorcycles are involved in more highway accidents than other vehicles, and in 2021, motorcycle accidents resulted in 14% of all vehicle crash fatalities. Indiana is slightly above the annual national average of motorcycle crashes.
Safety equipment and extreme caution may help protect you from grievous injury. Nevertheless, you can’t control inclement weather or the actions of other vehicles on the road. In Westfield, if you’ve suffered in a motorcycle accident, the right lawyer can help you to explore your legal options and file your personal injury claim.
Why you need a lawyer after a Westfield motorcycle accident
Legally, you are free to file an insurance claim or even pursue a personal injury lawsuit on your own. However, you may not know that you can negotiate with insurance companies before accepting their settlement offer, and it may be difficult to navigate the legal complexities of a lawsuit on your own.
The right attorney in Westfield can handle your negotiations and help you to deal with insurance giants that lowball compensation, are reluctant to settle your claim in a timely manner, or deny your claim altogether.
It’s important to remember that once you’ve agreed to an insurance settlement offer, you may lose the right to pursue additional compensation. You should consider any ongoing or future costs you may incur as a result of your accident before agreeing to a settlement.
A motorcycle accident lawyer can also strengthen your case, calculate the amount of compensatory damages you should seek, file your and walk you through the complex legal process of a lawsuit. Alleviating your burden can allow you to focus on healing and give you time to process through the trauma you’ve experienced.
Compensation after a Westfield motorcycle accident
After a Westfield motorcycle accident, the financial settlement you receive from an insurance claim or are awarded in a lawsuit is considered compensation. This amount is determined by the damages you’ve experienced as a result of your collision.
Damages account for the losses you’ve incurred and are broken into three categories: Economic (or special), non-economic (or general), and punitive. Understanding what damages you can claim can help you determine the compensatory amount you should seek.
Here’s a breakdown of the three categories and examples of each.
Economic damages
Economic damages refer to the losses that you incur that have a set monetary value. Any documented bills or lost work time fall under economic damages.
Examples of special damages include:
- Lost wages:
If you have to take time off of work for medical appointments or in order to recover from your injuries, you may lose accrued paid-time-off (pto) or miss out on paid wages. These losses can be claimed under economic damages and can include bonuses, hourly wages, pto, and tips.
- Medical expenses:
After a motorcycle accident in Westfield, medical bills can become expensive very quickly. If documented, these bills may be reimbursed under economic damages.
Medical expenses can include doctor’s appointments, treatments, tests, emergency room visits, hospital stays, surgeries, prescriptions, and more. You may also claim anticipated future medical costs.
- Assisted living costs:
If you experience severe or permanent injury after your accident and need home healthcare services, hospice, or are moved into an assisted living facility, economic damages may cover your costs.
- Repair and replacement costs:
After an accident, your motorcycle may be damaged or totaled. If you need to repair or replace your bike, these costs can be claimed as economic damages.
- Transportation costs:
Your accident could also render you in need of another form of transportation. Rental cars, rideshares, taxis, and public transportation costs may be reimbursed under awarded economic damages.
Non-economic damages
Non-economic damages do not have a set monetary value. These are the losses that cannot be quantified but nonetheless, have a significant impact on your life. Non-economic damages can be the result of the trauma you’ve endured and may change life as you know it, whether temporarily or permanently.
Compensation may not make up for these losses, but it can help alleviate your financial burdens. A Westfield motorcycle accident lawyer can help you to determine any non-economic damages you can claim in a personal injury case.
Examples of non-economic damages include:
- Catastrophic injury
- Chronic pain
- Disfigurement
- Emotional trauma
- Hearing loss
- Loss of limb
- Loss of quality of life
- Pain and suffering
- Paralysis
- Permanent scarring
- Severe burns
- TBIs
- Vision loss
- Wrongful death
Punitive damages
If the parties responsible for your motorcycle accident exhibited gross negligence, your Westfield lawyer may help you to seek punitive damages in a court case. However, punitive damages aren’t included in basic insurance claims and are rarely sought in lawsuits.
Usually, a judge or jury will decide to award punitive damages as additional compensation after your initial settlement is awarded. These damages are intended to set an example of a defendant who has displayed complete disregard and reckless behavior.
For example, if you’re injured in a motorcycle accident due to the extreme high speeds and reckless driving of another party, you may be awarded punitive damages.
In Westfield, 75% of a punitive damages award is allocated to the state’s Violent Crimes Victim Compensation Fund, and 25% goes directly to the plaintiff.
How Yosha Law can help
The Westfield motorcycle accident lawyers of Yosha Law understand that the trauma you’ve experienced is unique to you and that you deserve justice for the pain and suffering you’ve experienced.
We are dedicated to supporting you on your road to recovery. We can help you navigate through the process of negotiations with insurance companies, and help you to file a personal injury lawsuit in Westfield on your behalf. Our attorneys can advise you on your case and help you understand what to expect throughout the legal process.
The Yosha Law Westfield motorcycle accident lawyers will also help you by:
- Calculating your damages:
We can advise you on the compensatory amount you should seek after your motorcycle accident. It’s difficult to put a price tag on all that you’ve endured, but we’ll help to calculate your damages by looking at the various ways your collision has impacted your life.
- Filing all time-sensitive legal paperwork:
You won’t have to be distracted by court filings and other time-sensitive paperwork that can impact your legal progress. We’ll manage this paperwork and ensure that every legal document is filed within the required timeframe.
- Gathering evidence:
We can gather forensic evidence from the scene of your Westfield motorcycle accident, including any photos, videos, police reports, and debris to help prove your case. We’ll collect documented medical bills, repair and replacement costs, proof of lost wages and missed work time, and transportation costs related to your accident.
- Interviewing eyewitnesses and forensic experts:
We’ll interview any eyewitnesses to your motorcycle accident and any witnesses who can testify to the ways in which your collision has impacted your life.
We will also interview forensic witnesses, like medical and motorcycle experts, and crash reconstructionists, who can testify to the severity of your injuries and may share informed knowledge about the cause of your accident.
- Providing you with continuous and clear communication:
Our attorneys will explore the merits of your case and transparently communicate with you so that you can make an informed decision about your best legal path forward.
As your claim progresses, we’ll also provide you with continuous updates, answer any questions you may have, and explain each step of your claim to you.
- Representing you in negotiations:
You won’t have to stand alone in pre-trial meetings with insurance companies and their attorneys. We will act as your representatives in any negotiations and advocate for your best interests.
- Fighting for you in court:
95% of personal injury lawsuits are settled before they go to trial, but if a settlement agreement cannot be met, we will passionately stand in your corner and fight in court for the justice you deserve.
Indiana motorcycle accident laws
Indiana motorcycle accident laws can help you to make an informed decision about your personal injury claim. A Westfield motorcycle accident lawyer can also advise you on how these laws might impact your case. Here are three laws that may directly affect your insurance claim or lawsuit.
Statute of limitations
In Indiana and nationwide, statute of limitations laws protect both plaintiffs and defendants in legal cases. The statute of limitations allows plaintiffs time to file their claim and also protects defendants from facing frivolous or extremely old claims.
Indiana state law § 34-11-2-4 requires plaintiffs in Westfield to file their claims within two years from the date of a motorcycle accident. If this time period expires before you file a claim, you may not have further legal recourse to compensation.
However, if a plaintiff is under the age of 18 or mentally incapacitated at the time of a motorcycle accident, an exception to the statute may be made.
Helmet laws
In Indiana, motorcycle riders under the age of 18 are legally required to wear helmets and eye protection. Although, adults can choose to ride without any protection. However, eye protection, helmets, and other safety equipment could protect you against the most devastating consequences of a motorcycle accident.
For example, helmet use and eye protection may protect you from significant facial injuries or a traumatic brain injury (TBI). Padding could protect you from road rash and burns.
Comparative negligence
Indiana comparative negligence laws (also known as comparative fault, or modified negligence) can impact personal injury settlements based on liability.
For example, if you’re 50% of the liable for your Westfield collision, you might not receive any compensation. If your liability is over 0% but under 50%, the monetary amount of your compensation might be decreased.
Contact Yosha Law
The Westfield motorcycle accident lawyers of Yosha Law understand how traumatic a collision can prove. We care about your individual experience and can help you seek the just compensation you deserve. Our clients represent more than just case numbers — they’re a part of the Yosha family.
You should be able to focus on your healing and returning to a full life. Let our trusted team take care of your legal needs.
Connect with us for a free consultation and begin the road to recovery today.
