What Compensation Can You Seek if Permanently Disabled in a Motorcycle Accident?

How is Compensation Calculated Following a Motorcycle Accident?

Calculating owed or expected damages following a motorcycle accident can be a difficult process and will vary depending on the circumstances surrounding the accident. Generally, the following questions are used to determine the monetary amount owed to a defendant:

• Who is at fault for the accident?
• What is the severity of the damage and injuries sustained by the motorcyclist?
• What is within the defendant’s ability to pay?
• How many defendants are liable for the accident?

How is Fault Determined in a Motorcycle Accident?

Because fault is an important factor in determining available compensation following an accident, it is important to understand how liability is determined after a crash. Liability is typically based on the legal theory of negligence. To establish that another person or entity acted negligently or recklessly and resulted in injury or harm to a motorcyclist, the four basic elements of negligence must be proven. The elements of negligence are:

• Duty
• Breach of duty
• Causation
• Damages

The State of Louisiana uses a system of comparative negligence when deciding who is responsible for an accident. Comparative negligence means that liability is assigned to each person who contributed to the accident proportionally to their proven fault. The percentage of fault will be deducted from the total awarded damages.

For example, if a motorcyclist is found to be 25% at fault for an accident and has been awarded $100,000 in damages, then he or she will only receive 75% or $75,000 of the total compensation.

What Economic Damages May be Rewarded?

Economic damages refer to the monetary damages occurring as a result of an accident. This sum tends to be easier to calculate because they have a set price. Examples of economic damages may include:

• Cost of medical care
• Income loss
• Future loss of income
• Reduced earning capacity
• Property damage or destruction
• Long-term medical expenses
• Home Services
• Rehabilitative care
• Assistive devices
• Personal care assistance
• Additional related expenses

The sustained financial losses will directly affect a settlement or awarded amount. Documentation will be used to substantiate claims of financial loss, including:

• Medical records
• Medical bills
• Income statements
• Time cards from an employer
• Financial records
• Motorcycle repair or replacement estimates
• Motorcycle valuation documents
• Other valuation and financial documentation

What Non-economic Damages May be Rewarded?

Noneconomic damages refer to the intangible loss suffered after an accident. These damages can be much harder to calculate because they are typically based on injuries or losses that do not have an established monetary figure. “Pain and suffering” is the term most often associated with this type of loss and may refer to mental, emotional, or physical anguish. 

Examples of non-economic damages may include physical loss, such as:

• Back or joint pain
• Nerve damage
• Organ damage
• Headaches
• Physical disfigurement or scarring
• Paralysis
• Fractured or broken bones
• Traumatic brain injuries
• Other physical impairments

Emotional pain and suffering often refer to the mental and psychological distress experienced due to the accident and may include:

• Post-traumatic stress disorder
• Other psychological disorders
• Emotional distress
• Fear
• Insomnia
• Grief
• Reduced quality of life
• Loss of enjoyment of life
• Loss of or damage to reputation
• Cognitive or behavioral changes

Suffering may also be experienced in the home and family life of an individual. A spouse or other family member may be able to recover losses if an injury results in:

• Loss of companionship
• Loss of love, affection, or intimacy
• Loss of care
• Loss of protection
• Loss of support
• Loss of parental guidance

How are Non-economic Losses Calculated?

To assign a value to these intangible damages, an attorney may consider many sources, such as medical records, pain evaluation, future prognosis, and mental health counseling costs. Pain and suffering are based on the degree to which an injury impedes the ability of the person to engage in the social, personal, and professional activities that were enjoyed prior to the accident.

Insurance companies and courts often use one of the following two methods to determine non-economic loss value:

• Multiplier method: The amount of economic damages is multiplied by a number that represents the severity of injury, and the result is the compensation awarded for non-economic loss.
• Per-diem method: Depending on the prognosis, a dollar amount is assigned to each day of suffering or future suffering, and those days are added together for a total loss summation.

What is the Difference Between a Trial Value and a Settlement Value?

A motorcycle accident claim will be substantially different if a victim accepts a settlement or files a lawsuit. A settlement is an agreed-upon total that compensates victims for any expenses and losses resulting from an accident. Once a settlement amount is accepted, the right to trial is forfeited. This may be a favorable outcome because a trial is not a guaranteed recovery.

However, a verdict may award a significantly higher amount than a settlement. A knowledgeable attorney can determine the best course of action in this situation.

What is the Statute of Limitations?

The statute of limitations, or time limit to file a suit, can greatly affect compensation. In Louisiana, an injured party has one year from the date of injury to file a lawsuit. Claims filed outside of this timeline are typically barred from trial.

Do I Need an Attorney?

If you or a loved one have been the victim of a motorcycle accident that resulted in permanent disability, you need legal help you can count on. Call Landgrave Garcia Injury Attorneys today at 337-242-7604 or fill out a contact form for a free consultation.