What Types of Compensation are Available for Injuries Due to Motorcycle Accidents?
If you are injured in a motorcycle accident you may be wondering what types of compensation are available to you. You had a steady job before the crash, but now are unable to work due to your motorcycle accident injuries. You used to enjoy recreational weekend rides and engaged in all of your other hobbies and chores, but not anymore. You are in excruciating pain, and there is uncertainty in your life.
If you were injured in a motorcycle accident, you may be entitled to certain compensation, and the source of that compensation will vary depending your particular situation.
Pain and Suffering
If you sustain personal injuries in a motorcycle accident, you may be experiencing physical pain and emotional anguish. The things you used to take for granted, like an ability to vacuum your floors and dust your furniture, are now difficult or impossible to do. Put simply, your ability to enjoy life is curtailed, and you may be entitled to compensation for pain and suffering.
Pain and suffering is not an easy concept to grasp. Basically, when someone is negligent, failing to uphold the standard of care we require of members in our community, and it results in foreseeable injury to another person, that person is entitled to be made “whole.” The injured person, and those close to the injured person, pay a price for this negligence because they may not be able to engage in activities they once enjoyed. The person who caused this injury must accordingly pay back the injured person for the harm he or she caused.
Compensation for pain and suffering is about accountability. It is one way of shifting the burden of payment to the person who caused the pain and emotional anguish.
After a motorcycle accident you may be entitled to compensation for pain and suffering. The at-fault motorist’s insurance company will be required to indemnify and pay this compensation on behalf of its insured. If the at-fault motorist does not have insurance, you may be able to make an uninsured motorist claim with your own insurance company.
If you miss time from work because of your accident-related injuries, you may be entitled to compensation for lost wages or lost profits. For example, if you were making $1,000 per week before the accident and miss one year of work due to your accident-related injuries, you have lost wages in an amount of $52,000 and may be entitled to compensation.
Things can get complicated if you have long-term disability insurance of your own, and receive payments pursuant to that separate policy of insurance. If this is the case, your attorney may—depending on the nature and terms of that insurance policy—need to address a “lien” on your ultimate recovery. It is difficult to generalize in this area of law, so an attorney will have to take a close look at your case.
After a motorcycle accident, it is not uncommon for the rider and/or his/her passenger to sustain bodily injuries that require medical treatment. If this is the case, you must identify which insurance companies must pay for the treatment. This is ordinarily a question for your attorney after he or she has examined your particular situation.
Notably, motorcyclists are exempt from New York’s no-fault insurance regime. However, some automobile insurance policies carry medical payment coverage that can be used to pay medical bills. If no medical payment coverage is available, motorcyclists may need to resort to private health insurance, Medicare or Medicaid. This can pose an issue at the end of the case because it can give rise to a “lien,” whereby the injured motorcyclist may have to pay back some or all of the recovery. Fortunately, an attorney can assess your particular situation to see if a lien arises.
Hurt In A Motorcycle Accident? Call William Mattar.
The motorcycle accident lawyers at William Mattar law offices can identify the type and amount of compensation that you may be entitled to after a motorcycle accident. Call us today at 844-444-4444 or submit a contact form through our website. We are here for you.