When motorcycle accidents occur, bikers may sustain injuries from impact with the ground or other vehicles. Unfortunately, severe or even permanent damage is common in these types of incidents.
If you were injured in a biking wreck caused by someone else’s negligence, consult an experienced motorcycle accident attorney on pursuing money damages. The lawyers at Tittle & Perlmuter are skilled in obtaining compensation for motorcycle accident injuries in Elyria. However, it is important to begin building a case as soon as possible after a collision, so reach out to our team today.
Severe Injuries in Motorcycle Crashes
In a collision between a motorcycle and a car or truck, the biker typically suffers the worst harm. Motorcycling injuries are often catastrophic or even fatal, and survivors may sustain any of the following:
- Burns
- Abrasions that might penetrate several or all the layers of the dermis
- Fractures, especially of the legs, shoulders, and wrists
- Spinal cord injury
- Traumatic brain injury
- Damage to internal organs
Such bodily harm can require months or years of recovery and may require multiple surgeries, skin grafts, and painful rehabilitation. In some cases, a motorcycle wreck may leave the biker permanently disabled.
Damages for Injuries in Motorcycle Accidents
If someone else’s negligence caused a motorcycle accident, the injured rider could seek damages from the negligent party. Compensatory damages cover the losses that the biker suffered due to their injury and includes economic and non-economic damages. Punitive damages, on the other hand, are awarded to punish the at-fault party and make an example of them.
Economic Damages
Economic damages cover a biker’s documentable expenses. These include, but are not limited to, the following:
- Medical treatment
- Rehabilitation
- Psychological counseling
- Necessary home renovations and adaptive vehicles
- Future medical expenses associated with the injury
Economic damages also provide compensation for the injured person’s lost earnings and fringe benefits. If a motorcycle accident victim cannot return to the same job or cannot work at all due to their injury, our skilled attorneys will work with an expert to determine the value of their diminished future wages and lost earning opportunities.
Non-Economic Damages
Injured victims may endure pain, suffering, mental anguish, or a diminished capacity to participate in their loved ones’ lives. Financial compensation for such losses is called non-economic damages.
Under Ohio Revised Code §2315.18(B), an injured motorcyclist can receive non-economic damages up to three times their economic damages or $350,000, whichever is greater. However, this cap does not apply if their injuries caused permanent disfigurement, lead to a loss of function, or rendered them permanently unable to work. In those cases, there is no limit to the amount of non-economic damages a jury might award.
Punitive Damages
In most motorcycle accidents, plaintiffs will receive only compensatory damages. However, in rare cases involving particularly egregious behavior, a court might award punitive damages. To pursue punitive damages, a plaintiff’s attorney must present clear and convincing evidence that the defendant acted intentionally, maliciously, or fraudulently.
In Ohio, punitive damages are capped at twice the plaintiff’s compensatory damages or $350,000, whichever is less. Public policy prohibits insurers from covering this type of compensation, so the defendant will be directly responsible for paying any punitive damages a plaintiff receives.
Work with an Attorney to Seek Compensation for Motorcycle Accident Injuries in Elyria
If you are injured in a biking accident caused by someone else’s negligence, it is important to begin building a case as soon as possible after a collision.
At Tittle & Perlmuter, our attorneys understand that it may be difficult to devote the time or energy needed for a successful claim for damages. Let our skilled and compassionate lawyers handle the legal side of motorcycle accident injuries in Elyria and pursue compensation on your behalf. Call our law offices today to discuss your case.