How Much is My Motorcycle Injury Claim Worth?

Thursday, May 19, 2022

How Much is My Motorcycle Injury Claim Worth?

Written by Malman Law, reviewed by Steve J. Malman.

With nearly 315,000 licensed motorcyclists on the road in Illinois, motorcycle collisions have increased steadily in the past few years. According to the 2020 Crash Facts & Statistics Report performed by the Illinois Department of Transportation, 2,238 motorcyclists sustained injuries in vehicle crashes. Considering such alarming numbers, motorcyclists must wonder how they can be compensated fairly for their injuries.

A reliable motorcycle accident attorney can assist you in filing a claim with your insurance company. The legal team at Malman Law is here to provide you with the guidance you desperately need during this stressful time.

How is Liability Determined in a Motorcycle Collision?

A major factor in determining liability centers around negligence. A negligence claim typically has four components:

• Duty: the defendant (the party being sued) had a duty to exercise reasonable care;
• Breach: the defendant broke that duty through an act or omission;
• Causation: the injury to the plaintiff was a foreseeable consequence of the defendant’s actions; 
• Damages: the plaintiff has suffered injuries due to the defendant’s actions.

In accordance with Illinois state law, as long as you can prove that you were less than 50% at fault for your injuries, you are entitled to compensation.   

Types of Compensatory Damages 

Damages describe the injuries you suffered, or any loss, resulting from the accident. If you were hit riding your motorcycle and experienced any bodily harm and/or damage to your motorcycle, then you may be entitled to compensation.

The two main categories in which you are normally eligible for compensation are general and special damages. General damages refer to intangible injuries that cannot be given a specific monetary amount but are calculated as losses due to an accident. General damages include pain and suffering, mental anguish, and other losses that may have lowered your quality of life.

On the other hand, special damages account for the plaintiff’s economic losses. This includes anything that can be given a monetary value, such as lost wages, diminished earning capacity, medical bills, long-term care or nursing home expenses, and any other expenses that can be attributed to the accident.

In rare circumstances, the plaintiff may be able to collect punitive damages. In these cases, the plaintiff must show that the defendant acted recklessly, maliciously, or deceitfully. Punitive damages punish wrongdoers and exemplify their poor conduct to society. It is best to speak to an attorney about the details of your situation for them to determine if you are eligible for punitive damages.

Contact an Experienced Chicago Motorcycle Accident Attorney

Although all motorcyclists must have insurance, the insurance companies are determined to pay as little out-of-pocket as possible for your injuries. You need an attorney who can build the strongest case to ensure you receive the compensation you deserve. Contact Malman Law today to schedule a free, no-obligation consultation. It is time to begin your process of healing.