When a motorcycle rider suffers personal injury after an accident due to another driver’s negligence, they are often interested in pursuing litigation to recover compensation for their injuries. To succeed in litigation requires consideration of negligence. Read on for how motorcycle accident attorneys help accident victims navigate this process and assess how much their claim is worth.
The Role of Negligence in Recovering Compensation
To successfully recover compensation, a plaintiff and their legal team must be able to prove to the courts that the other driver was acting in a negligent manner in the events leading to the accident. For example, if the driver was not properly checking their blind spots in the moments leading to crash, this can likely be considered negligent behavior and therefore the driver may be liable for compensating the injured victim.
New Jersey state law uses a doctrine of fault determination known as “contributory negligence.” Under this system, an injured party can only recover damages if they are less than 50% responsible for the events that ultimately lead to the accident and subsequent incursion of personal injury. If they are deemed by the court to be 50% or more at fault for the accident, then they will automatically forfeit their ability to recover compensation from the defendant for any expenses related to the incident.
One important consideration regarding the proportionate responsibility model of fault determination is that the amount of compensation a plaintiff is eligible to receive is intricately tied to the proportion of fault assigned to them by the court and judge overseeing the personal injury case.
Types of Damages in Personal Injury Cases
In the world of personal injury litigation, the term “damages” is used to describe the value of different items that were impacted by another party’s negligence after an accident. There are many different types of compensation that may be available to victims of motorcycle accidents. Some of the most common types of compensation include:
- Medical expenses: You may be able to recover compensation for your medical expenses, including hospitalization, surgery, rehabilitation, and medication.
- Lost wages: If you are unable to work because of your injuries, you may be able to recover compensation for your lost wages.
- Pain and suffering: You may be able to recover compensation for the physical pain and emotional suffering that you have endured as a result of the accident.
- Property damage: If your vehicle was damaged in the accident, you may be able to recover compensation for the repairs.
The amount of compensation that you may be eligible to receive will depend on many factors, including the severity of your injuries and the relative negligence of each party involved in the accident. An experienced motorcycle accident attorney can help you understand the types of compensation that may be available to you and fight for the full amount of damages that you deserve.
Professional Legal Counsel in New Jersey
For years, the attorneys at Ferrara & Gable have been helping personal injury victims in New Jersey fight for compensation for their injuries. Contact Ferrara & Gable today to discuss your case.