Unfortunately, some drivers do not pay enough care to motorcycles sharing the roads, leading to severe accidents. Motorcycle accident victims will often require significant financial assistance to recover fully.
Fortunately, victims injured by a negligent driver can recover damages for their injuries in a Jackson motorcycle accident lawsuit. These types of lawsuits tend to be more complex than typical cases, and the help of an experienced Jackson motorcycle accident lawyer can make all the difference. Proving fault in a motorcycle accident lawsuit can be challenging as several elements must be proved. An accurate evaluation of your case must also be made so that the full amount of compensation you are owed is claimed.
If you were injured in a motorcycle accident caused by a negligent driver, Jackson motorcycle accident lawyers can help you recover the compensation you deserve. For a free case review, contact Howe Law at (844) 876-4357.
Common Injuries Caused by Motorcycle Accidents in Jackson
Motorcycle accidents are responsible for some of the most catastrophic injuries a person can suffer. Many motorcycle accident victims often suffer great physical pain, emotional distress, and financial hardship because of their injuries. The following are common injuries caused by motorcycle accidents in Jackson:
- Spinal cord injuries
- Traumatic brain injuries
- Rider’s arm
- Broken bones
- Road rash
- Soft tissue injuries
- Internal injuries
Many of the injuries listed require long-term treatment and can be life-altering. Our Jackson motorcycle accident lawyers can help you by assessing the value of your injuries and filing a lawsuit to compensate you for them.
Elements to Prove a Motorcycle Accident Lawsuit in Jackson
Recovering compensation after a motorcycle accident is often a complex process. Several elements must be shown to prove that another person’s negligence caused your injuries. This requires numerous pieces of evidence to be submitted in support of your claim. The following are the four elements that must be proved to recover compensation in a Jackson motorcycle accident lawsuit:
- The driver owed a duty of care
- The driver breached that duty of care
- Your injuries were caused by the defendant’s breach of duty
- You suffered damages as a result of the accident
Some of the elements are fairly simple to establish. For instance, proving that another driver owed you a duty of care is not too challenging since all drivers owe a duty to act safely while operating a vehicle. However, proving that the other driver’s negligence directly caused your injuries can be more difficult and require more evidence to satisfy. Our Jackson motorcycle accident lawyers can help you gather the evidence you need to prove that the other driver was responsible for your injuries.
Damages Available in a Jackson Motorcycle Accident Lawsuit
When you file a lawsuit, your damages will be the value of both the economic and non-economic losses you have suffered because of your injuries. Economic damages are relatively straightforward to calculate, while non-economic damages are more difficult as they are based on your personal experiences and the impact your injuries have had on your life.
Economic damages refer to the financial losses a victim has sustained. This typically includes damages for medical expenses, lost wages, and property damage. However, you can also claim future medical costs you foresee, as well as future lost wages and lost earning potential.
Out-of-pocket expenses associated with treating your injuries can also be claimed. For instance, travel expenses to visit your doctor and costs for childcare would be considered losses caused by your injuries. Calculating your economic damages accurately is important, so your lawsuit is not undervalued. Thus, it is vital to save any invoices and receipts you receive for treatment or expenses associated with it.
Non-economic damages are the subjective losses that impact a victim’s life after an accident. An award for non-economic damages usually includes compensation for physical pain and emotional suffering you have experienced. Other personal damages can also be claimed, like loss of enjoyment of life and humiliation.
Calculating non-economic damages can be challenging but significantly increase the amount of compensation a victim receives. Many motorcycle accident victims will need pain and suffering compensation to help with the remnants of their injuries long after they have healed. Unfortunately, non-economic damages are capped in Mississippi at $1,000,000.
Punitive damages are intended as a punishment against the defendant and can be awarded after receiving the compensatory damages just described. Suppose the driver that injured you was acting grossly negligently or showed a willful, wanton, or reckless disregard for the safety of others on the road. In that case, punitive damages will be awarded to the plaintiff. For example, if a driver caused a motorcycle accident under the influence of alcohol, punitive damages would likely be awarded to punish the drunk driver.
However, Mississippi also caps the amount of punitive damages a plaintiff can be awarded. Punitive damages are set between 2% to 4% of the defendant’s net worth. Our Jackson motorcycle accident lawyers can review your case to determine if punitive damages are warranted.
How Fault is Determined in a Jackson Motorcycle Accident Lawsuit
Mississippi follows comparative fault rules to determine how much each party was at fault for an accident. This means you can still recover compensation even if you were found to have contributed to causing your injuries. Under the comparative fault system, an award for damages will be reduced by the percentage of fault the plaintiff was found to have contributed to causing the accident.
Insurance companies and defense attorneys often try to place the blame for a motorcycle accident squarely on the rider. However, most motorcycle accidents result from the other driver’s negligence. Fortunately, you will still be able to collect damages even if the court determines you share some of the blame. For instance, if you were awarded $100,000 but found 30% at fault, you would still recover $70,000. Our Jackson motorcycle accident lawyers can review your case to identify any contributory conduct on your part and determine the best path forward to address it.
Our Jackson Motorcycle Accident Lawyers Can Help
If you were injured because of a motorcycle accident, seek assistance from our experienced Jackson motorcycle accident lawyers by calling Howe Law at (844) 876-4357. Reach out today for a free assessment of your case.