It can be devastating to suffer injuries during a motorcycle accident. Many accident victims claim economic damages, non-economic damages, and punitive damages when they suffer injuries during a motorcycle accident. Although punitive damages are not always claimed, they are often a part of motorcycle accident cases when the defendant engaged in willful, wanton, or malicious conduct.
Economic Damages and Non-Economic Damages
The two most common types of damages are economic damages and non-economic damages. Also known as special damages and general damages, respectively, these terms denote losses suffered by accident victims. It is essential to make sure that an attorney reviews the differences between economic damages and non-economic damages with you. By focusing on these two types of damages you can maximize the financial recovery associated with your motorcycle accident case.
Economic damages include losses such as lost wages, medical bills, and property damage. It is possible to assign a number value to these losses. Also, economic damages are generally more quantifiable than non-economic damages. When you are analyzing medical records and other documents it is typically because you are calculating the total economic damages amount.
Non-economic damages are those damages associated with loss of quality of life, loss of consortium, and pain and suffering. These damages are less quantifiable than economic damages, and they are associated with the unique suffering experienced by motorcycle accident victims.
Punitive Damages and Motorcycle Accident Cases
Punitive damages are those damages which are reserved for defendants who commit conduct that harms a group of people or society as a whole. Generally, punitive damages are reserved for those cases involving losses that are above and beyond economic damages and non-economic damages.
Punitive damages are designed to punish the defendant and to deter the defendant from committing the same conduct in the future. It is common for many individuals to plead punitive damages in motorcycle accident cases involving defendants who engage in wanton conduct such as distracted driving and intoxicated driving.
The majority of civil lawsuits do not seek punitive damages. Only a small portion of lawsuits can successfully obtain a punitive damages award. Essentially, punitive damages are reserved for those cases involving conduct that society as a whole would consider dangerous.
Gathering Evidence in Motorcycle Accident Cases
It is important to collect evidence you can use in your motorcycle accident case. The most common forms of documentary evidence include medical records, photographs, medical bills, and invoices. The evidence in a motorcycle accident case can be used to substantiate your legal claims. Asserting legal claims without offering evidence is not permitted in the American legal system, and every plaintiff who seeks financial compensation for their injuries must submit evidence along with their legal claims.
The Benefits of Retaining a Motorcycle Accident Attorney
A motorcycle accident attorney can help you establish your legal claims and determine what types of evidence you need to seek monetary compensation for your injuries. It is imperative that you focus on strategically using all the resources available to you to prove your claims. An attorney can provide you with the experience, skill, and knowledge you need to ensure that your legal rights are protected and enforced. You do not want to wait until the last minute to speak to an attorney because you do not want to miss the statute of limitations period.