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

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