According to the National Highway Traffic Safety Administration (NHTSA), more than 80% of motorcycle accidents on U.S. roadways result in injuries or death.
If you have been injured or have lost a loved one due to a motorcycle accident in or near the Nevada communities of Las Vegas, Henderson, or North Las Vegas, an experienced motorcycle accident attorney from Pacific West Injury Law can evaluate your case and help you understand the process of seeking compensation for the expenses and impacts of your injury or loss.
Seeking Compensation After Being Injured in a Motorcycle Accident
As explained by the Nevada Bar Association, the purpose of a personal injury claim is to put the injured person back into the position they were in before the accident occurred. To do this, the claimant can seek compensation for the expenses and impacts through a personal injury claim. This claim is initially submitted to the at-fault party’s insurer.
If the insurer fails to pay the full value of the claim or offers an out-of-court settlement that fairly compensates the claimant for their injury, the claim can be submitted as a personal injury lawsuit in civil court within the two-year statute of limitations on such claims, per NRS §11.190.
The Type of Compensation Available
To put an injured motorcyclist “back into the position they were in” before the accident, they are permitted to seek compensation for the expenses of the accident, such as medical bills, wage loss, and property damage. Additionally, if the injuries suffered produce permanent disabilities that permanently impact their ability to work, the claimant can seek compensation for lost earning capacity.
In addition to out-of-pocket expenses, claimants can seek compensation for non-economic harms, such as physical pain and suffering, emotional distress, loss of consortium, and loss of the enjoyment of life.
The Wrongful Death Claims Process in Nevada
According to the Insurance Information Institute (III), motorcyclists are 29 times more likely to die from injuries sustained in an accident than the occupants of passenger cars, and there are around 5,000 fatal motorcycle accidents in the U.S. each year. Wrongful death claims in Nevada follow a similar process as personal injury claims. They can be filed by a personal estate representative or by family members such as the decedent’s spouse, children, or parents.
What Compensation Is Available for Surviving Family Members?
Like personal injury claims, wrongful death claims can provide economic and non-economic damages (the term damage refers to compensation received for harm). Economic damages can include the costs of the funeral and burial or cremation, medical bills from the treatment of the deceased’s final injury, and the loss of financial support provided by the decedent to their family members.
Non-economic damages available in a Nevada motorcycle accident wrongful death claim include grief and sorrow and loss of companionship, society, comfort, and consortium. Some of the factors considered when determining the value of a Nevada wrongful death claim include the age of the decedent and the amount of income they would have likely earned through the course of their career if they had survived the accident.
The Types of Services a Motorcycle Accident Lawyer Can Provide
A Nevada motorcycle accident lawyer can provide services to assist personal injury and wrongful death claimants as they seek compensation for the expenses and impacts of the injury or loss. One of the most important services the attorney provides is guidance and information to assist the claimant in making important decisions such as deciding to accept an offered settlement or deciding to file the claim in court.
The attorney can investigate the accident to determine who the liable parties are and the available insurance resources to provide compensation. They can also gather evidence and witness testimony to prove liability and document expenses, establish a value to the claim, and manage contact with the at-fault party’s insurer to negotiate a settlement.
If the claim is not resolved through settlement, the attorney can represent the case in court and provide litigation services that include opening and closing arguments, presenting evidence, and examining witnesses. After the case, the attorney can help the claimant collect their compensation.
Three Important Points About the Claims Process
If you have lost a loved one or have suffered serious injuries as a result of a motorcycle accident, here are three important points about the process of seeking compensation:
- Motorcycle accident lawyers work on a contingent fee basis, which means they do not get paid for their services until their client has obtained a positive outcome to the claim, either through a negotiated settlement or a court award.
- Agreeing to a settlement waives your right to seek additional compensation if the claimant later realizes that the settlement did not provide enough money to cover their expenses. Attornies provide their clients with information about how their claim is valued so they better understand what constitutes a fair settlement.
- Individuals who have been injured or have lost a loved one due to a motorcycle accident can obtain answers to their legal questions and learn more about the process through a free case evaluation.
An Experienced Attorney Can Help You with Your Claim
Motorcycle accidents can produce extremely serious injuries that require a higher level of compensation to address the financial and psychological costs. The legal team at Pacific West Injury Law is committed to helping motorcycle accident claimants obtain the compensation they need for the pain and suffering they’ve experienced due to their injury or loss. Contact us for your free case evaluation.