- Peosta Motorcycle Accident Injury Attorneys
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When calamity hits, motorcycle injury lawyers act as steadfast defenders for riders. Specializing in motorcycle accidents, they navigate legal intricacies to secure justice and compensation for the injured.
What’s the Value of My Motorcycle Accident Claim if I Suffered Permanent Injuries?
Determining the value of a motorcycle accident claim, particularly when it involves permanent injuries, can be a complex process. Each case is unique, with varying degrees of severity and individual impacts on the victim's life. The following article explores the different factors that can influence the value of a motorcycle accident claim, especially when permanent injuries are involved.
Permanent Injuries and Economic Damages
Economic damages are one of the most critical aspects of any injury claim and are typically the easiest to calculate. These damages include:
- Lost Wages: The income lost while recovering from the accident.
- Medical Bills: The cost of medical treatment, both immediate and ongoing.
- Other Expenses: Any additional costs related to the accident, such as transportation to medical appointments.
Permanent injuries often lead to long-term or lifelong economic damages. For example, if long-term care is required, such as in-home nursing, these expenses must be accounted for. Similarly, permanent injuries can affect one's ability to work, potentially requiring expert testimony to estimate future lost wages.
A 2010 study by the Health Council found that medical care and lost productivity from motor vehicle-related injuries cost roughly $99 billion annually. Motorcycle injuries, both fatal and non-fatal, accounted for $12 billion of that total.
Permanent Injuries and Non-Economic Damages
Non-economic damages are more challenging to calculate as they do not come with a receipt. These damages can include:
- Pain and Suffering: The physical pain and emotional distress caused by the accident.
- Mental Anguish: Psychological impact, such as depression or anxiety.
- Disfigurement: Permanent scars or physical deformities.
- Disability: Long-term or permanent disability affecting quality of life.
Insurance companies often use a multiplier based on the severity of the injuries to estimate non-economic damages. For instance, a serious head injury may result in a higher multiplier compared to a knee injury.
Should You Hire a Lawyer for Your Motorcycle Wreck Case?
Establishing damages is only part of the process. You must also prove the other motorist's fault if pursuing a liability claim. In Iowa, the negligence laws state that if you are 51 percent or more at fault, you cannot recover damages. If you are less than 51 percent at fault, your damages will be proportionally reduced.
Exploring Motorcycle Insurance Company Coverage
Iowa motorcyclists must carry insurance as required by the Iowa Financial and Safety Responsibility Act. Failing to do so can result in losing your license and being held responsible for all costs if at fault in an accident. Here are some optional coverage types to consider:
- Uninsured/Underinsured Motorist Coverage: Ensures your damages are covered if the other driver lacks sufficient insurance.
- Comprehensive Coverage: Covers non-accident-related damages such as flood, fire, or vandalism.
- Collision Coverage: Covers repairs if you collide with another object.
- Medical Expense Coverage: Pays for medical expenses for you and your passengers, regardless of who caused the accident.
- Roadside Assistance Coverage: Provides towing and other assistance if you have an accident, run out of gas, or break down.
Despite these insurance options, some accidents cause such severe damages that insurance coverage alone is insufficient. In such cases, consider filing a personal injury lawsuit to recover the total cost of all damages. Iowa law allows claims to be filed within two years under Iowa Code 614.1.
Filing a Claim if Not Wearing a Helmet
Iowa does not mandate motorcycle helmet use. However, not wearing a helmet can significantly impact your claim if you suffer head injuries in an accident. According to a 2012 factsheet by the Governor’s Traffic Safety Bureau, 83 percent of motorcyclists killed in Iowa over five years were not wearing helmets.
Injured riders not wearing helmets may face challenges under Iowa’s comparative negligence laws. If you are found to be 51 percent or more at fault, you cannot recover damages. Even if less than 51 percent at fault, your recovery will be reduced by your percentage of fault. However, if you did not suffer head injuries, helmet use would not affect your claim.
Contact an Attorney for Help After a Wreck
Navigating the laws regarding motorcycle accidents and helmet use can be challenging. The attorneys at Walker, Billingsley & Bair can help you understand how these laws apply to your case and assist in gathering the necessary evidence for your claim. Contact us at (888) 435-9886 or use our online form to schedule an initial consultation.
Hiring an experienced motorcycle accident attorney can be crucial in securing fair compensation for your injuries, ensuring that all damages, both economic and non-economic, are appropriately addressed. With professional legal support, you can focus on recovery while your attorney handles the complexities of your claim.
Consulting a Motorcycle Accident Attorney
The toll from severe motorcycle injuries can encompass substantial medical expenses and long-term care costs for victims and their families. Lost wages may compound matters, especially if employment becomes unrealistic for an extended period. Getting help from a motorcycle accident attorney allows the pursuit of comprehensive compensation, from financial damages and emotional distress such as pain and suffering.
Victims of these accidents should seek consultation with a motorcycle accident attorney, as damages may be extensive and recovery of compensation is important.
At Walker, Billingsley & Bair, our motorcycle accident attorneys can represent you in dealings with your insurance company, or when filing a personal injury claim. Set up your consultation now by calling 641-792-3595.