Recoverable Damages in a Motorcycle Accident Case

By Osborne & Francis
October 25, 2023

Florida, unfortunately, isn’t known for its road safety. In fact, it’s often listed as one of the more dangerous states for road users. In 2021, there were a total of 567 fatalities associated with motorcycle accidents. There are thousands more accidents each year, resulting in injuries ranging from mild to severe. 

When you’re involved in an accident that results in an injury, you’ll have associated “damages.” The term “damages” refers to any loss that you experience because of your injuries or the accident. 

Here are the types of damages you may be able to receive compensation for after a motorcycle accident

Medical Care

Motorcyclists don’t have the same protections as passenger vehicle occupants. They’re exposed, and this usually results in more severe injuries. An injury can cost thousands to hundreds of thousands of dollars over one’s lifetime. 

For example, those with paraplegia can expect to pay around $500,000 for their first year of medical care. Afterward, they can expect to pay approximately $70,000 every year after that. 

Medical care can include:

  • Surgery
  • Ambulance rides
  • Hospital stays
  • Specialist visits
  • Physical therapy
  • Medical equipment
  • Prescriptions
  • In-home care
  • And more 

Lost Wages

Taking just a few days off from work after an accident can result in a loss of a few hundred dollars. Depending on the severity of your injury, you may be required to take off a few days, weeks, or even months. 

The wages that you lose while recovering from your injury can also be recovered. You may also receive compensation for future lost wages if you will continue to miss work after settling your case. 

Lost Earning Capacity

If you are unable to return to your same job at all, you may be able to receive compensation for lost earning capacity damages. For example, if your work requires you to lift heavy items or be extremely mobile, you may not be able to return if you’ve become disabled or have chronic pain. 

Basically, this compensation is given to those who cannot return to their same job because of their injuries. 

Pain and Suffering

Pain and suffering is a broad type of damage that covers just that, the pain and the suffering you’ve experienced as a result of the accident and your injuries. There are a few different ways to calculate these damages, such as the multiplier method.

Depending on the severity of your injuries, the multiplier will be higher. So, for example, someone with more minor injuries may have a multiplier of 0.5, while someone else could have a multiplier of 1 or 2. 

Then, that multiplier is applied to your total economic damages. For example, if you have $300,000 in economic damages and a multiplier of 0.5, your pain and suffering damages would equal $150,000. 

However, this method isn’t used by everyone. Others take a more abstract approach, looking at the total change to your quality of life. If you’ve experienced a great change, you’ll receive more compensation. If you’ve experienced a minor change, the compensation will reflect that as well. 

Loss of Function

Loss of function damages are awarded when a motorcycle accident victim is no longer able to function on their own. For example, if you were involved in an accident that led to the amputation of a limb, you may need assistance with certain tasks. 

Permanent Injury 

Permanent injury damages are straightforward. If your injury is permanent and will require long-term care, you can receive further compensation. Having an injury that will affect you for the rest of your life can be devastating, and this compensation aims to lessen that blow as much as possible. 

Scarring and Disfigurement

The same is true with scarring and disfigurement damages. If your injury left you scarred or disfigured, it can be difficult to cope. You may be upset with changes in your appearance or ability. 

Punitive Damages

Punitive damages are a rare type of damage that may be awarded as a way to further punish the at-fault party. You may receive compensation for punitive damages if the at-fault party is a repeat offender or acted with gross negligence. 

Wrongful Death Damages

Unfortunately, motorcycle accidents can (and do) cause death. If a loved one passes away due to a motorcycle accident, you may be able to receive compensation on their behalf. You can receive compensation for the damages listed above, as well as funeral costs, burial costs, and loss of consortium or companion. 

Contact Osborne & Francis to Speak with a Motorcycle Accident Attorney About Your Damages

You deserve to be compensated for the stress, pain, and financial burden that has been placed on your plate out of nowhere. At Osborne & Francis, we’ll do everything we can to ensure you get the most compensation possible for your damages. To learn more about our experienced team of attorneys, contact us online or give us a call at (561) 293-2600

J. Davis

5 star icon

“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”

E. Holland

5 star icon

Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!

C. Smith

5 star icon

“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”

T. Andrews

5 star icon

“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”


5 star icon

Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.

Erica F.

5 star icon

"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"

Ready For Your Free Consultation?

Please Fill Out Our Form Below For Your Free Consultation

Hiring a lawyer is the first step towards recovering a better quality of life. At Osborne & Francis, we devote our undivided attention to each client, and all communications are held in the strictest privacy. Contact us by filling out the form or calling us directly at (561) 293-2600.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.