Injuries from a motorcycle accident are often far more serious than injuries from a car accident. Victims of motorcycle accidents could be entitled to substantial compensation, but getting that compensation might be difficult.
If you or a loved one was hurt in a motorcycle accident in or around Gulfport, MS, call our attorneys today. We fight to help injury victims get compensation from the responsible parties through insurance claims and lawsuits. We can also help you collect evidence to build a strong case and fight your case all the way to trial if necessary to get you the damages you deserve.
For a free case review, call the Gulfport motorcycle accident lawyers at Howe Law today at (844) 876-4357.
Proving a Motorcycle Accident Case in Gulfport, MS
To get compensation for a motorcycle accident, you must first show that the injuries you received were actually someone else’s fault. If you were the one who caused your own accident or you were involved in a single-motorcycle crash, you could still be entitled to any first-party medpay coverage you have attached to your insurance, but you would not usually be able to sue another driver for your crash.
For a driver to be responsible for a crash, there must be some violation of a legal duty that they owed you. Every driver on the road has a duty to follow traffic laws: they need a license, they have to follow posted speed limits, they have to stop at stop signs, etc. Drunk driving, speeding, and distracted driving are some of the most serious violations that often cause motorcycle crashes.
Our Gulfport motorcycle accident lawyers can help you uncover violations and other unreasonable mistakes that could put another driver at fault for your crash. Then, we simply need to prove that this violation was what actually caused your crash and the resulting injuries. Sometimes there are intervening causes, such as another driver cutting off a speeding driver and causing them to swerve. The facts of any motorcycle case can become complex and might ultimately justify suing multiple drivers for your injuries.
To actually prove your case, you will need evidence. This often comes in the form of photos of the damage and injuries you faced, your testimony about how the accident happened, testimony from any witnesses to the crash, and any video footage that might exist of the accident from security cameras, dash cameras, or cell phones.
Calculating Damages in a Gulfport Motorcycle Accident Case
When you are injured and facing medical bills, lost wages from work, and serious pain and suffering, how much your case is worth might be the most important question on your mind. Our Gulfport motorcycle accident lawyers can look at the specific facts of your case and help calculate the damages you are owed.
First, it is important to note that insurance companies will usually ask for evidence and make their own evaluations of what they think the case is worth. However, when you file a claim with the at-fault driver’s insurance company, they have an incentive to deny liability so that they do not have to pay. Even if they accept some level of liability, they might value your case quite low so that they can save money by settling quickly and cheaply. It is important to have your own attorney calculate your damages rather than accepting the insurance company’s valuation.
Damages are calculated a bit differently depending on whether they are “economic” or “non-economic” damages. Punitive damages might also be available.
With economic damages, there are financial statements, bills, or other records that say specifically how much the damages are worth. This often means looking at medical bills, pay stubs, transportation bills, bills for home care, bills for childcare, and other expenses you faced because of the accident. We can then add up all of these costs and potentially use experts to project future costs as well. Economic damages will be different for each person because the effects of a motorcycle accident are different for every person.
With non-economic damages, the cost of the harms are even more subjective and specific to the person. Pain and suffering, emotional distress, and other non-economic damages will be different for everyone and often affect their lives differently based on age, physical wellness before the accident, and other factors. Our Gulfport motorcycle accident lawyers can analyze your case and help you determine what your pain and suffering and other non-economic damages are worth.
Under Mississippi law, punitive damages are limited. These damages are allowed to punish a defendant – such as the at-fault driver in a motorcycle case – for their wrongdoing. However, there is a high bar for these damages, as they are only allowed under Miss. Code Ann. § 11-1-65 when there is “clear and convincing evidence” of “gross negligence,” recklessness, or “actual malice.” Nonetheless, something like road rage, drunk driving, or tired driving might still fit, allowing these additional damages in your case. Calculating punitive damages happens on a case-by-case basis, so speak with a lawyer for more information.
When to Call a Gulfport Motorcycle Accident Lawyer
You should contact one of our Gulfport motorcycle accident lawyers for help as soon as you can after your accident. Your immediate focus after a crash should be getting better and getting the medical treatment you need.
During that time or in the time immediately following your initial hospitalization, you should consider calling one of our lawyers. We can begin collecting evidence and building your case right away while you focus on your recovery, cutting down on how long it will take to resolve your case and get you the damages you need.
Call Our Gulfport Motorcycle Accident Attorneys Today
For a free review of your potential motorcycle accident case, call the Gulfport motorcycle accident attorneys at Howe Law today. Our phone number is (844) 876-4357.