If you are a biker who has recently been injured in a motorcycle crash, you may be facing expensive medical expenses, future rehabilitation, missed time from work, and emotional trauma. Fortunately, these all may be recoverable damages after a Phoenix motorcycle accident. With the help of a skilled attorney, you could recover financial compensation for the losses you suffered as a result of your crash.
Compensatory damages consist of two components: economic and noneconomic losses. Economic refers to actual, out-of-pocket financial losses that the plaintiff experienced as a result of their accident. These may include emergency medical services, the cost of ongoing trips to the doctor, lost wages, future reduced earning capacity, and rehabilitation.
The noneconomic damages recoverable after a motorcycle wreck refer to the intangible, psychological trauma that a plaintiff may suffer as a result of an accident. These emotional losses may include compensation for pain and suffering, disfigurement, loss of enjoyment of life, loss of consortium, and other mental afflictions. Since these losses can be more challenging to quantify, an experienced attorney in Phoenix could help a plaintiff come up with a reasonable calculation for their recoverable damages following a motorcycle accident.
Unlike compensatory losses, punitive damages are not intended to compensate a plaintiff, but to act as a punishment for the defendant. These additional recoverable damages after a motorcycle collision in Phoenix also may be pursued but are the least frequently awarded.
Generally, for a court to find that this financial punishment is warranted, the defendant must have acted maliciously or intentionally. Therefore, a plaintiff should speak with a local attorney to discuss whether this claim may be warranted for their case. Arizona law places no specific cap on the total amount of damages that may be pursued. However, the United States Supreme Court held that a ratio of punitive to compensatory damages that exceeds nine-to-one is unreasonable and will generally be held unconstitutional.
If a plaintiff wins their case against the defendant, they may be able to recover not only damages but their expenses for bringing the lawsuit as well. Under Arizona Revised Statutes Annotated §12-341, the party who wins a civil action may recover all costs expended or incurred during the suit. The prevailing party may be compensated for any legal document preparation fees incurred.
Whether you were involved in a minor crash or a significant collision, you likely have injuries that required medical attention. Healthcare expenses, lost wages, and psychological trauma can leave you with substantial bills and long-term financial struggles.