If you were involved in a motorcycle collision, you are likely to be suffering from severe injuries and wondering how to best proceed. Depending on the circumstances of a crash, however, you might be able to file a claim for compensation.
A lawyer familiar with recoverable damages in a Michigan motorcycle accident claim might be able to help. Calculating losses in order to file a claim is often difficult, especially as you recover from your losses. A detail-oriented attorney could work tirelessly to alleviate the burden of pursuing compensation, so that you can focus on your recovery.
Determining When to Pursue a Lawsuit for Damages
Anyone pursuing compensation for injuries suffered in a motorcycle crash has a legal obligation to prove fault in Michigan. Without this, an injured claimant cannot receive recovery for their losses through a civil lawsuit. To establish fault, a plaintiff must demonstrate a number of legal elements, including duty, breach of duty, causation, and damages.
Essentially, it must be shown that a defendant breached their duty of care and that this breach led to an accident that caused the claimant’s injuries and resulting financial and emotional losses. In the context of a motorcycle collision, this might be done by establishing that another motorist had a legal drive safely and obey the rules of the road—and that this duty was breached when the defendant sped, drove under the influence, neglected road signage, or was otherwise reckless and, as a result, caused a crash.
Then, the full and total extent of a claimant’s injuries and losses must be presented in order to recover damages after a Michigan motorcycle accident. Often, establishing each of these elements requires the knowledge of a seasoned attorney.
Calculating Losses After a Motorcycle Crash
Along with the physical and emotional trauma, a victim of a motorcycle crash must face, they are likely to incur extensive medical bills from their required treatment. As a result, a claim for compensation may request numerous damages both economic and non-economic. For example, medical bills, lost wages, and decreased earning capacity are common pecuniary losses that may be included in a claim.
Beyond this, a claimant may request compensation for mental anguish, loss of consortium, and pain and suffering, among others. However, these damages exist without a definitive financial value, meaning they are often difficult to calculate. This is especially true if the claimant was suffered severe and catastrophic injuries, such as paralysis. If so, calculating a loss of future earnings and medical expenses is often essential to accurately represent the claimant’s losses. Because of this, the aid of a detail-oriented motorcycle accident lawyer may help an injured plaintiff to assess the full extent of their damages for a claim.
On the other hand, a motorcyclist may not request compensation for any property damage inflicted on their bike. Instead, they must pursue recovery for these damages through their insurance company. However, if two motorcycles were involved in a collision, the injured rider may be able to pursue property damages against the at-fault motorcyclist.
Deadlines for Seeking Compensation
Any potential claimant should be aware of the statute of limitations placed on any claim pursuing recoverable damages in Michigan for a motorcycle accident. According to Michigan Compiled Laws Section 600.5805, this statute places a three-year time limit from the date of an accident by which an injured person can file a claim for compensation.
Call a Lawyer to Pursue Recoverable Damages in a Michigan Motorcycle Accident
If you were injured in a motorcycle wreck, you might have a number of questions about the potential recoverable damages in Michigan motorcycle accidents. While the assignment of damage awards will depend on the specific facts of your case, it is important to be prepared to accurately demonstrate the extent of your losses.
However, collecting the appropriate evidence for a claim and pursuing compensation is often an exhaustive legal process. Instead of navigating it alone, consider reaching out to a skilled lawyer at Buckfire & Buckfire, P.C. for help. To discuss your circumstances with a legal professional, call today to schedule a consultation.
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