Riding a motorcycle can be thrilling and exciting. Plus, it’s a pretty convenient means of transportation. However, in spite of its attributes, motorcycle wrecks can be very brutal. Victims often suffer serious injuries that can leave them disabled for a long time or even cost them their lives.
Terrible injuries often lead to astronomical hospital bills, lots of missed time at work, and undue pain and suffering. If you or a loved one has been injured in a motorcycle accident, you should talk to an experienced Nebraska motorcycle accident attorney at Berry Law about your legal options.
Determining Fault in a Nebraska Motorcycle Accident Case
Injured victims of a motorcycle crash in Nebraska may be able to bring legal action or file compensation claims against one or more of the following entities:
- The road user who caused the motorcycle wreck: It could be a driver, another motorcyclist, or even a pedestrian
- The motorcycle manufacturer: This applies only if there’s proof that a defective part contributed to the crash
- Relevant government agencies: This applies if the motorcycle accident was caused by bad road conditions
- The bike seller: This could apply if they knowingly sold you a defective motorcycle
However, establishing liability is only a part of the claims recovery process. There are other factors that will influence your case and help determine whether you can actually get any settlement. Contact a motorcycle accident attorney at Berry Law to discuss your wreck and see how we can help.
What Compensation Can I Recover in a Nebraska Motorcycle Accident Injury Claim?
Unlike cars, motorcycles do not have protective shields. So, even the slightest collision with another vehicle, stationary object, or person can send the bike careening to the ground. In many instances, the collision can lead to road rash injuries caused by the bike dragging the rider. The impact can also lead to the rider being flung off the bike or falling atop the rider.
Injured motorcycle accident victims in Nebraska may be able to file a claim for the following damages:
Special or Economic Damages
They are the damages that you can easily put a price on, owing to their tangible financial nature. Examples of these include:
- Medical costs and expenses
- Rehabilitative treatment costs
- Personal property damage repair or replacement
- Loss of income due to the victim’s inability to work while recovering
- The use of medical equipment and devices necessitated by the motorcycle crash
- Funeral and burial costs
- Mental health treatment costs
General or Non-Economic Damages
These are real damages and losses that can’t be easily quantified financially. They are often subjective, and their value can be determined by experts and professionals. Examples of general damages include:
- Pain Suffering
- Scarring or disfigurement brought on by the accident
- Loss of consortium
- Loss of companionship
- Mental trauma
- Inconvenience costs that arise from being unable to carry out your regular home maintenance activities
- Temporary or permanent inability to use a part of your body
Although the compensation you’ll receive from filing claims may not cure or heal you or a loved one, it can help take care of all the arising expenses brought on by the motorcycle crash.
Therefore, you can easily just focus on getting better instead of worrying about where you’ll get the money to pay your bills. Also, if you qualify for long-term disability benefits, your Nebraska motorcycle accident attorney can help you secure those benefits.
Getting Your Due Compensation from Insurance Companies
Insurance companies and their adjusters are trained to deny or reduce the claimant’s settlement amount by all means necessary. So, if you don’t have adequate legal representation, you could end up getting far less than you deserve as compensation.
One of the ways insurance companies try to reduce your payout is by claiming that you’re partially responsible for the accident. Luckily, Nebraska is a comparative negligence state, so you can still get compensation even if you’re partially liable.
Insurance companies may also level some or all the following allegations against you:
- You were careless on the roadway
- You didn’t wear a helmet, despite it being the law
- You were speeding
- You were not paying attention to the road
- You ran a stop sign or a red light
- You were driving under the influence
- You stopped suddenly
- You were engaged in a road rage incident
These are just a few of the allegations they might bring against you. And they may use these reasons to deny your claims. To fight this, you have to be aware of your rights first, which is why you need to consult with a seasoned legal professional.
A competent motorcycle accident lawyer in Nebraska can work hard to protect your interests and ensure that you are compensated to the fullest amount.
Claiming Compensation after a Loved One Dies from a Nebraska Motorcycle Crash
Because of the exposed nature of motorcycles and the fact that motorbike crash injuries can be fatal, it is important to address this. If you have lost a loved one to a moped or motorcycle collision, you may be able to file a wrongful death claim against the negligent party.
The state of Nebraska allows surviving dependents and loved ones to bring legal action against the at-fault party on behalf of their deceased relative. The family will select a representative to represent the deceased’s estate and file the wrongful death claim.
Some of the claims that the estate’s representative may file include the following:
- Medical treatment costs of injuries before death
- Funeral and burial costs
- Emotional distress
- The decedent’s pain and suffering
- Missing financial support
- Mental anguish
Although no amount of money can bring back your loved one or heal the pain that you’re dealing with, it can help you get your life back on track.
Contact an Experienced Nebraska Motorcycle Accident Lawyer
Getting a favorable settlement amount depends on hiring the right Nebraska motorcycle accident lawyer, getting all the required evidence, taking the right steps, and filing the case on time. Nebraska has a certain time period, or statute of limitations, for filing personal injury claims.
Our personal injury lawyers at Berry Law can help you with these, provide adequate legal representation and guidance, and ensure that you get the compensation that you deserve. If you’d like to know if you can win and get a fair settlement, contact us today for a free case evaluation.