Unfortunately, motorcyclists are especially vulnerable to severe injuries when they are involved in accidents. When drivers are inattentive or reckless, they can collide with a biker, causing them to suffer devastating, even deadly, harm.
If you have suffered injuries in a motorcycle wreck caused by another person’s negligence, you could benefit from speaking with a hardworking injury attorney. A Maryland Heights motorcycle lawyer could help you seek the compensation you deserve from the at-fault party.
Damages are sums of money an injured person (plaintiff) receives from a negligent person (defendant) to compensate them for their injuries and financial losses suffered in an accident. Although money alone cannot compensate for the losses associated with severe harm, it might help provide security and ensure that the injured biker receives the care they need for the rest of their life.
Economic damages account for all the out-of-pocket expenses the plaintiff has and will incur due to the accident. These might include:
Non-economic damages offer compensation for incalculable losses. An award of non-economic damages might include money for pain and suffering, loss of companionship, loss of consortium, humiliation and embarrassment, and loss of enjoyment of life. An experienced lawyer in Maryland Heights could help a plaintiff identify all the ways in which their life, and their family’s lives, have changed because of the motorcycle accident. They would then use this information to craft a plea for non-economic damages.
In most Missouri vehicle accident claims, the at-fault driver’s insurance covers the expenses of other injured parties up to the policy limit. However, the policies are often inadequate to cover the real cost of the injuries suffered by a motorcyclist in an accident, so a local attorney may suggest taking the case to trial for a better chance at a fair damages award.
Courts will review the facts of the case to make their own determination of fault. Even if a motorcyclist if found to be partially responsible for the accident, Missouri law allows negligent parties to still seek damages from other negligent parties. When awarding compensation to a partially negligent plaintiff, a judge will reduce the award by an amount equal to the plaintiff’s proportionate responsibility.
Additionally, although the state does not require most motorcyclists to wear a helmet, failing to do so might affect the damage award the biker could recover. Similarly, although no law explicitly prohibits lane splitting, a biker who rides between two vehicles could be held at least partially responsible for causing the accident.
States allow injured people a set period of time in which to bring a lawsuit seeking damages. An injured person who fails to file a lawsuit before this deadline expires loses their right to sue forever.
Missouri Revised Statutes §516.120 allows a plaintiff five years from the date of their injury to bring suit. However, it is advisable not to delay, as the more time passes the greater the chance that evidence is lost and witnesses become unavailable. People injured in a motorcycle wreck in the area should quickly seek a local attorney who could begin gathering necessary evidence.
If you have suffered injuries in a motorcycle crash, you will likely need significant time to heal and the task of securing a reasonable settlement for your injuries should not be taking up your time or attention during this period. Therefore, you should consider working with a savvy Maryland Heights motorcycle accident lawyer.
An attorney could build a strong case for damages and negotiate a fair settlement on your behalf. Schedule an appointment with a skilled legal professional to learn what a lawyer could do for you.