HomeLawDamages: Learn About the Most Important Element of Personal Injury Law

Damages: Learn About the Most Important Element of Personal Injury Law

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In personal injury law, the application of damages is a vital concept. Damages are a means of getting monetary compensation for a person who has been harmed due to another party’s negligence or misconduct.

The rule applies to motorcycle accidents as well. When a negligent driver causes an accident, the motorcyclist must prove that the accident caused some type of damage. This damage can either be physical, emotional, or financial.

To get fair compensation for the losses sustained due to a motorcycle accident, the victim must consult an experienced motorcycle accident attorney. Their legal assistance is crucial to prove damages and quickly get on the road to recovery.

It is important to be cautious and understand the legalities of damages in personal injury law. The victim must also understand that before proving damages, they must establish the duty of care, the breach of duty of care, and how the breach caused the accident.

Proving Damages

It is vital to prove damages to get compensated for them. The evidence must be presented in the best way possible to be able to claim it. This includes:

  • Medical Records: Documentation of every medical treatment, prescribed medicine, and doctor’s appointments.
  • Receipts and Bills: It is wise to save all cash invoices accruable due to the injury, for instance, the medical charges and transport fees.
  • Proof of Income: Lost wages that can be supported by pay stubs, tax returns, or a statement from the employer.
  • Expert Testimony: Specialists who can offer opinions on the injuries, where the medical expert will confirm both economic and non-economic losses.

It is essential to understand that damages are an essential aspect of personal injury law that intends to restore the injured individual to their pre-accident self. One can, therefore, get a clue of the types of damages, and know why one needs a lawyer to represent them.

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Types of Damages

There are different types of damages victims can claim. They are listed below.

  • Economic Damages: These include the loss of physical property that was used in the injury-causing event and any other physical losses that occurred due to the accident. Economic losses include:
  • Hospitals bills
  • Surgeries
  • Medication
  • Physical therapy
  • Loss of wages
  • Property damage
  • Funeral costs (if the victim loses their life)
  • Non-Economic Damages: These relate to aspects that do not have a peculiar monetary value attached to them. Non-economic damages are harder to calculate. You need the expertise of a lawyer to calculate and prove non-economic damage. The losses under non-economic damages usually include:
  • Pain and suffering
  • Cognitive disorders like anxiety, depression, and post-traumatic stress disorder
  • Loss of companionship
  • Loss of enjoyment of life
  • Disability
  • Disfigurement
  • Punitive Damages: These are granted where the defendant’s conduct was especially careless or where their acts were motivated by malice. Punitive damages seek to punish the wrongdoer to discourage others from repeating the same mistake in the future.

Final Thoughts

Motorcycle accidents can have devastating consequences. Victims must seek the help of an experienced motorcycle accident attorney to prove the at-fault party’s liability and get fair compensation for their losses.

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