Medical bills, costs, and lost wages accumulate rapidly after a motorcycle accident. Under New York law, the party responsible for the accident must compensate the injured party for their losses. Injured riders may wonder whether there is a limit or cap on the amount of compensation an injured party can recover in a motorcycle accident case. Fortunately, New York has no cap on motorcycle accident compensation, allowing injured parties to recover compensation for the full extent of their losses and injuries.
Below, the experienced personal injury attorneys at TonaLaw discuss motorcycle accident compensation claims and the damages available to a New York motorcycle accident victim. We’ll also discuss a common question from our motorcycle accident clients, specifically, how much is a good settlement for a motorcycle accident? Motorcycle accident cases are unique and, thus settlement amounts can vary significantly, making the answer more complicated than you may think. An experienced personal injury attorney can estimate your compensation and help you decide on a fair settlement amount in your case.
No Caps for Motorcycle Accident Compensation in New York
Many states impose caps or limits on the amount of compensation or damages an injury victim can recover in a case after an accident. Sometimes, the state law will limit your ability to collect emotional distress or pain and suffering damages. Other states may limit your ability to collect punitive damages, or damages intended to punish reckless or malicious behavior.
New York, however, is unique in that the laws do not limit or cap the compensation and damages an injury victim can recover. Since motorcyclists are not included in New York’s no-fault auto insurance system, they can sue the at-fault party for every penny of their damages from an accident.
The only real limit to compensation in a motorcycle accident case in New York is whether a victim can prove their case, where a motorcycle accident victim must prove that the other party is liable and that their damages were caused by the accident.
Damages Available in a Motorcycle Accident Compensation Claim
The law in New York attempts to compensate injured victims for the harm they’ve sustained due to another person’s negligent, reckless, or careless behavior with damages awards. Injured motorcyclists are entitled to seek several types of damages against the party who caused the accident. Each injured person’s damages and compensation will differ because each motorcycle accident case and the injured person is unique and may suffer different injuries and damages. Below are common types of motorcycle accident damages.
Economic Damages
Economic damages constitute compensation for your calculable losses due to an accident or injury. Some examples of the economic damages you may be able to recover in a motorcycle accident compensation claim include the following:
- Medical Expenses. Under the law, you’re entitled to compensation for your medical expenses, including emergency room visits, ambulance transport, and surgery. Plus, you can seek compensation for physical therapy, long-term treatment, or alterations to your home due to your injury.
- Lost Wages. You can seek reimbursement of your lost wages from the party responsible for the accident. Additionally, if your doctor believes that you will continue to miss work due to the nature of your injury or your injury will prevent you from doing future work in your same line of work, you can seek lost future earnings from the at-fault party.
- Property Repair or Replacement. Your motorcycle has probably sustained damage due to the accident. The party responsible must cover the costs of repairing any damage to your motorcycle. If your motorcycle was totaled, they would be responsible for its full value or replacement.
Economic damages are relatively easy to estimate because they typically have a relatively precise dollar amount attached. However, after a motorcycle accident, you may be eligible for some types of economic damages of which you’re not aware. Speak with an attorney to accurately assess your economic damages.
Non-Economic Damages
Non-economic damages are less straightforward than economic damages. Non-economic damages compensate injury victims for harms they incurred that impact the quality of their lives. Motorcycle accident compensation for non-economic damages may include:
- Emotional distress,
- Pain and suffering, and
- Loss of enjoyment in life.
Non-economic damages are case-specific. They’re calculated based on your specific emotional and mental experiences. Additionally, your attorney typically uses case law and other methods to calculate these losses because they are difficult to calculate based on pure common knowledge.
While some states limit or cap the amount of non-economic damages available to an injury victim, New York law does not cap these damages. Thus, the injury victim can recover the entirety of their non-economic damages in New York.
Punitive Damages
Punitive damages are different from economic and non-economic damages because they do not compensate an injury victim for their losses. Instead, punitive damages punish the responsible party for particularly bad behavior. Unlike in other states, New York has no cap on punitive damages. However, it is significantly more difficult to prove punitive damages than other types of damages. Talk to an attorney regarding your specific claim to see if you may be able to recover punitive damages.
How Much Is a Good Settlement for a Motorcycle Accident?
Injured motorcyclists often wonder, how much is a good settlement for a motorcycle accident? Each person’s case is unique, and the damages to which they may be entitled will vary. For example, a person with a significant injury will have higher medical expenses and more lost wages than someone with a relatively minor injury. Injured victims with the exact same injuries may also have different experiences with emotional distress and mental trauma.
Rather than asking how much is a good settlement for a motorcycle accident, you should ask what a good settlement would be in your case. The best way to estimate your potential damages and a reasonable settlement is to speak with an experienced Long Island personal injury lawyer. A knowledgeable personal injury attorney will ask you questions, gather evidence, and calculate your optimal potential settlement amount.
Another reason people ask how much is a good settlement for a motorcycle accident is that the insurance company has made them a settlement offer. Insurance companies often pressure people into taking the first settlement offer, claiming that the injured person will not be able to get anything else. You should not take a settlement offer by an insurance company without speaking with a personal injury attorney first. The insurance company may undervalue your damages, and a personal injury attorney can fight for your best settlement.
Don’t Settle Your Long Island Motorcycle Compensation Case Without TonaLaw
There is no legal limit to the amount of damages you can recover in a New York motorcycle accident claim. This means that your compensation can include all your real and provable damages from your accident. To get a clear understanding of your potential compensation, contact one of our expert personal injury attorneys at TonaLaw today. It’s especially important to speak with us before accepting any settlement offers from an insurance company. Our experienced motorcycle accident attorneys have extensive experience investigating, negotiating, and litigating motorcycle accident compensation cases. We fight for your full and fair compensation so you’re not left footing the bill for an accident that was not your fault. Contact us today for a free consultation.
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