Can I Recover Lost Wages in a Motorcycle Accident Claim?
Motorcycle accidents can be incredibly dangerous, often resulting in severe injuries. If you're injured and unable to work, you may be wondering if you can recover missed wages.
Unfortunately, many people are not aware that they can recover missed wages in a motorcycle accident claim. At the law offices of Rosenfeld Injury Lawyers, LLC, we understand the importance of supporting yourself and your family financially after an accident.
We are here to help you get the compensation you deserve. Contact our motorcycle accident attorneys toll-free at (888) 424-5757, or complete our quick and easy online contact form for a free legal representation to explore your legal options.
Recovering Lost Wages From a Motorcycle Accident
Not all injuries from a motorcycle accident are physical. However, like any other personal injury lawsuit, a plaintiff in an Illinois suit can recover missed wages.
Since 2003, the Illinois Department of Transportation has recorded 12,892 motorcycle crashes. In 2010, over 984 injuries and 48 fatalities occurred due to motorcycle crashes in Illinois.
Motorcycles account for only 2% of all registered vehicles in the United States. However, motorcycle crashes comprise a much higher percentage of all accidents - over 13%.
In the United States, the Department of Transportation has found that 3,154 motorcycle riders were killed in crashes from 2004
Lost Wages Due to a Motorcycle Accident
Being a motorcycle rider comes with certain risks. If you ride regularly, you probably know the risks and accept them as normal. However, if you get in a motorcycle accident, the injury and costs can be severe.
Serious accidents could lead to missed wages due to disabilities. For example, if you lose your earning capacity because of a motorcycle crash, you have the right to recover missed wages.
A wage loss claim will include future missed wages in the form of a lump sum payment. Wage loss is computed by determining how much more money you would have earned if you had not been injured in an accident.
Wage Loss Claim
This number is then adjusted to reflect the number of years lost for your earning potential. The correct wage loss claim can significantly impact a victim's recovery from a motorcycle accident.
Victims can file a wage loss claim under the no-fault insurance coverage in their insurance policy. Therefore, it is vital to gather the proper documentation when filing a wage loss claim after a motorcycle accident.
Medical records from a doctor with details on the injuries that have prevented the victim from working are all documents that can be used in a wage loss claim.
Recovering lost wages is often a vital component of any claim made following a motorcycle accident. However, different states follow different rules and regulations regarding recovering lost wages.
Contact our law firm for legal advice if you are entitled to a settlement.
What Are Past Wage Losses?
Past wage losses are any wages you have lost due to an accident while riding your motorcycle. For example, if you were unable to work for a few days because of injury from the crash, you may be able to claim past wage losses.
To pursue compensation for these losses, you must be able to show proof of how much you were making before the accident.
Obtaining compensation might be harder than it seems, as many people do not keep receipts or information about their income. However, after a motorcycle crash, missed wages are one of the many damages you could compensate for during a resolution meeting or jury award.
Additionally, a settlement can cover your medical bills, pain and suffering, damaged property, loss of enjoyment of life, and more.
Securing Compensation From Motorcycle Accidents Claims
Motorcycle crashes can cause death, severe brain damage, spinal cord injuries, and other types of serious injuries. If you've been injured in a motorcycle accident caused by the negligence of another, you may be eligible for compensation through a personal injury settlement.
Most motorcycle accident lawyers will not take cases because there is typically a high cost in pursuing a claim. In addition, not every personal injury attorney specializes in bike accidents.
If you have decided to file a claim, several things need to be done. The three main steps in filing a motorcycle crash claim are:
- Gathering information and evidence
- Filing a lawsuit against the responsible party
- Negotiating or mediating a settlement
The missed wages in a motorcycle crash claim can be challenging to recover. Therefore, pursuing prompt compensation is key when filing a motorcycle crash claim.
Delaying it may result in evidence and witnesses losing, thus eroding the claimant's possible amount of significant compensation.
The at-fault driver in a motorcycle crash is almost always uninsured or underinsured. Insufficient insurance coverage could mean that you might be awarded damages for your injury and missed wages, but not your repair or medical costs.
If you suffered a personal injury in a motorcycle crash, you’re entitled to pursue compensation. Our personal injury legal team can offer you a free case review on your legal alternatives.
Personal Injury Due to a Motorcycle Crash
Personal injury in a motorcycle accident claim is generally defined as any injury that provides a physical or mental impairment. Any victim suffering property damage, physical injuries, emotional distress, or disabilities has the legal right to seek financial compensation from all parties responsible for the crash.
However, compensation cannot be obtained by any person with no impairment, injury, or property damage from the collision. Additionally, the injured party will need to prove how the other person, entity, or governmental agency was responsible for causing their damages.
Contact us today for a free consultation with one of our experienced motorcycle accident lawyers to resolve your motorcycle crash issue.
Pain and Suffering Damages Arising From a Motorcycle Crash
Traditional or special damages can compensate for pain and suffering in a motorcycle crash claim. Special damages are the claimant's economic losses, like damage to the motorcycle or treatment costs.
Pain and suffering damages are not difficult to prove in most cases, but they are frequently disputed. When this happens, it can lead to lengthy, expensive litigation.
Medical Treatment After a Motorcycle Crash
The medical care costs associated with a motorcycle accident can mount up quickly. Also, the medicare support groups that help motorcycle accident victims pay for medical care are harder to access than those that assist car accident victims.
As a result, medical treatment for motorcycle accident injuries is frequently required.
Our legal team recommends that any party involved in a motorcycle accident seek immediate medical attention even if they suspect that their injuries are minor. Only a competent doctor with the best diagnostic tools can accurately diagnose the victim’s current health status and identify detectable injuries.
Following their doctor’s recommendations, the injury party is crucial to obtaining maximum financial compensation for damages. The defendant (the responsible party who caused the crash) and their insurance carrier will look for ways to diminish the claim's value and payout only a minimal amount of settlement to resolve the claim.
A post-traumatic stress disorder (PTSD) diagnosis may be entitled to compensation in a motorcycle crash claim when the mental disorder arises from the motorcyclist's fear of being involved in an accident. For further legal advice contact our law office.
Economic Damages in a Motorcycle Crash Claim
Economic damages are a term that refers to the monetary losses that individuals, family members, or businesses incur. Economic damages can include medical expenses, loss of income, property damage, and costs associated with the acquisition of services.
While no money can truly compensate for an individual's loss or injury, an individual needs to recover the total amount owed under the law. Therefore, seek out legal advice as soon as possible to ensure that all economic damages are properly compensated.
The medical bills can sometimes pile up, even though you were not severely injured in the accident.
Suppose you’re still nursing your motorcycle injuries and do not know how to file a compensation case. In that case, our experienced attorney can offer you a free consultation on the way forward.
Consortium Damages in a Motorcycle Crash Claim
When someone is injured in a car accident, they may also file suit against the negligent party for loss of consortium, affection, society, and companionship.
In addition, the lawsuit allows a spouse or other family members to seek consortium damages from the negligent party when the injured person is in a coma or disabled due to the injuries.
Do Insurance Companies Pay for Lost Wages?
If you have made the insurance company aware of your need for future medical care, you can lodge a claim against an insurance company for wage loss in a motorcycle crash claim.
In Motorcycle Accident Cases, Punitive Damages are Sometimes Awarded
Punitive damages are awarded in a personal injury claim when the defendant's conduct is so reckless or reprehensible that punishment is warranted and compensation for the resulting harm is insufficient.
The purpose and effect of punitive damages are to punish, deter, and set an example. Please call our motorcycle accident lawyers at (888) 424-5757 or complete our quick and easy online contact form for a free case evaluation on your motorcycle accident case.
Motorcycle Accident Attorneys Recovering Lost Wages for Victims Due to Motorcycle Crashes
The personal injury lawyers at Rosenfeld Injury Lawyers LLC handle motorcycle accident claims for victims who suffer severe injuries on Illinois roadways due to negligent motorists. Every year, many Illinois motorcyclists suffer serious injuries due to negligent drivers.
A common reason for such accidents is that drivers often fail to notice or simply see motorcycles. Unfortunately, not seeing the bike before the crash usually leaves motorcycle riders with significant injuries, some of which are life-altering.
Many times, the accident leaves the motorcyclist unable to perform their occupation. Illinois law suggests that the term "wages" may be equated to mean income. See ILCS 5/4-103(d) (defining "compensation" as "an employee's remuneration ... payable because of the employee's employment").
For workers who are self-employed or work for an employer who does not make wage contributions to an unemployment fund, like hourly workers under the Illinois Unemployment Insurance Act, this equating "wages" with "income" may seem counterintuitive.
Our attorneys handle all types of motorcycle accident claims. They are reputable for doing a great job. Many of our clients are currently riding motorcycles or plan to do so in the future. Contact us today for legal advice.
Hiring a Lawyer to Pursue Lost Wages in a Motorcycle Accident
Are you looking for a motorcycle accident attorney? You may be entitled to recover missed wages. Our firm has helped many victims of motorcycle accidents get the compensation they deserve for their injuries and losses.
You don't need to go through this alone - let us fight for you! It's easy, fast, and there's no obligation. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.
Call our motorcycle accident attorneys at (888) 424-5757 or fill out our online contact form today for a free consultation so we can start helping you today! Our lawyers operate on a contingency fee basis, so you don't have to pay us unless we win your case.