The Three Types of Compensation in a Motorcycle Crash Claim
If you or a loved one has been involved in a tragic motorcycle accident, you may feel overwhelmed with where to start. This blog will discuss how you may be eligible to pursue compensation for medical bills, lost wages, and pain and suffering after a motorcycle crash. Here's what you need to know to get your claim started.
Receiving Compensation For Medical Bills
If injuries were sustained due to a negligent driver, it is possible to seek compensation for any past, present, or future medical bills relating to the accident. Examples of medical treatment that can be recovered are:
Injuries sustained in the incident
According to Illinois accident law, you must file a claim within two years of the accident to receive compensation for personal injury. If you successfully prove negligence within the two-year timeframe, you can anticipate compensation for medical treatment.
Recovering Lost Wages
Motorcyclist accidents can have life-altering consequences affecting your ability to earn money. Whether your ability to work is long-term or short, you can still recover lost wages. To do so, you must submit proof of your most recent paycheck from before the injury related to the accident. Comparing your earnings before and after an accident is the most reliable way to prove a loss of income. When recovering lost wages, it may also be beneficial to have the following documentation:
401K and other retirement contributions
Unused vacation, sick, or paid leave days
Loss of overtime pay
Loss of bonuses or salary increases
When pursuing lost wages, your personal injury attorney will guide you on the complete list of proof you will need to receive maximum compensation.
Pursuing Compensation For Pain and Suffering
Pain and Suffering are the emotional and physical discomfort and stress brought on by the trauma of the motorcycle accident. Compensation in a settlement varies based on several factors.
Medical treatment required
Compensation can be recovered for these added nuances and challenges to everyday activities. Proving pain and suffering can be complex. There are a few different ways that you can prove pain and suffering in a motorcycle accident claim. First, you will need to provide medical documentation of your injuries. This could include doctor's notes, hospital records, and x-rays. This documentation will help to show the severity of your injuries and the impact that they have had on your life.
Proving Pain and Suffering
In addition to medical documentation, you can also provide testimony from yourself and others about the pain and suffering you have experienced. This could include how your injuries have impacted your ability to work or participate in activities you enjoy. Witnesses can also attest to the emotional anguish you have suffered due to your injuries. Proving pain and suffering is complex. An experienced motorcycle accident attorney will be able to help you gather this evidence so that you can pursue the full amount of damages that you are owed.
How Long Do I Have To File a Motorcycle Crash Claim in Illinois?
In Illinois, the statute of limitations for personal injury claims is two years from the date of the accident. This means that you have two years from the date of the accident to file a compensation claim. If you do not file your claim within this time frame, you will likely be barred from doing so.
It is important to note that there are some exceptions to this general rule. For example, if the injured party is a minor, they may have more time to file a claim. As such, it is always best to speak with an experienced attorney who can help ensure that your claim is filed within the appropriate time frame.
How To Get Help With Your Motorcycle Accident Claim
We understand each case is different, so we recommend seeking an experienced motorcycle accident attorney that can help determine what damages are pursuable in your case.
After a motorcycle accident, it's essential to seek legal advice from someone you trust. McNabola & Associates, LLC has more than 60 years of collective legal experience and will be there every step of the proceedings protecting and advocating for their rights. If you or a loved one were involved in a motorcycle drunk driving-related- accident, we could help.
Contact us today at (312) 888-8700 to discuss your case.