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How Can I Get Compensation for My Motorcycle Accident Injury?

Posted on in Motorcycle Accidents

Winnebago County personal injury attorneysSpring is slowing arriving in Northern Illinois, and many motorcyclists cannot wait to jump on their bikes and ride. But, what happens if you are injured in a motorcycle accident or your loved one was killed while riding a motorcycle? Not only is a motorcycle accident a terrifying ordeal to experience, it also can result in unexpected medical bills, lost wages from missed work, and ongoing expenses like physical therapy and rehabilitation. Fortunately, you may be able to receive financial compensation for your motorcycle injuries through a personal injury lawsuit.

Assigning Liability in a Motorcycle Crash

In most motorcycle accident cases, it is important to determine who was liable for the accident. In some cases, it is easy to tell who is to blame. For example, if you were riding your motorcycle and you were hit by a motorist who was driving under the influence of alcohol or drugs, he or she will most likely be held liable for the accident. The question of liability usually comes down to whether or not a party was negligent. An individual is negligent when he or she acts in a careless or dangerous manner and causes damage to another person. In personal injury suits, the burden of proof is on the claimant to prove that the defendant acted negligently and caused the injury.

Damages in a Traffic Accident involving a Motorcycle

The word “damages” is used to describe the harm, both economic and noneconomic, that an accident causes an injured party. Generally, the more substantial the injury, the higher the amount of compensable injury damages there are. Damages in a motorcycle injury case often include the claimant’s:

  • Past, present, and future lost earnings;
  • Lost earning capacity;
  • Lost employment benefits;
  • Medical bills;
  • Property damage;
  • Motorcycle repair or replacement costs; and
  • Pain and suffering.

Because there is no precise way to determine the monetary value of pain and suffering, Illinois judges use their own legal background and experience, as well as previous precedents to decide the value of pain and suffering. It is important to note that Illinois law allows an injured party to seek compensation even if they were partially at fault for the accident themselves. As long as the injured party was not more than 50 percent at fault, he or she can pursue damages.

Contact a Rockford, IL Motorcycle Accidents Lawyer

Being involved in a motorcycle wreck can have life-altering consequences. A personal injury suit can help you pursue compensation for lost wages due to missed work, medical bills, and more. To schedule your free, no obligation case assessment with an experienced Winnebago County personal injury attorney, call our office today at 815-215-7561.

 

Source:

http://www.illinoiscourts.gov/CircuitCourt/CivilJuryInstructions/IL_IPI_Civil.pdf

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