A person can receive compensation if they or a loved one of theirs is involved in a motor vehicle accident, but it depends on the exact circumstances. In the State of New Jersey, there is an element of damages called loss of consortium. If someone is a spouse of an individual who has been injured in a motorcycle accident, they have their own claim as that person’s spouse, because a lot of times if their loved one has been injured, their life has also been affected.
In addition to loss of consortium, there are many other types of damages a person could be awarded in the case of a motorcycle accident in Cherry Hill. In these cases, an experienced motorcycle accident attorney can be essential in helping a person fight for their rights to be compensated for their suffering.
After a motorcycle accident case in Cherry Hill, a person is entitled to many types of damages. The first would be property damage for the damage to the motorcycle. The second would be for medical bills that are incurred as a result of the treatment needed for their injuries, past and future.
If a person needs medical treatment for the rest of their life, they are entitled to damages to compensate them for the medical bills that would be incurred. The same thing for any lost wages that they have incurred and any lost wages they may incur in the future if they are unable to work.
There is another element of damages if an individual observed a motorcycle accident in Cherry Hill. If an individual sees a very close family member or a loved one injured in an accident, they are entitled to an element of damages that is called negligent infliction of emotional distress. It is very emotionally stressful to see a loved one injured, so if an individual observes the motorcycle accident of a loved one, they are entitled to damages. Also, in the circumstance where someone is killed in a motorcycle accident, their loved one is entitled to what is called wrongful death damages.
That person’s life has been cut short due to the negligence of another party or their family, and their spouse, children, or parents may also have a claim for damages in a Cherry Hill motorcycle accident case for how their lives have been affected by the wrongful death of their loved one.
Finally, there can be damages after a motorcycle accident in Cherry in the form of the amount of money that they are entitled to for injuries, pain and suffering, and the effect it has had on their life and their family’s life. Those are all elements of damages that a person would be entitled during a motorcycle accident case in Cherry Hill.
Impact of Contributory Negligence
Contributory negligence is applied based on what percentage of negligence is placed on an individual. The settlement they receive would then be reduced by that amount. As an example, if someone’s case and damages were worth $100,000 and they were found to be 25% contributorily negligent, their claim would be reduced by 25%, which is $25,000, and that individual would receive $75,000 for their claim.
In the State of New Jersey, as long as the contributory negligence does not exceed 50%, the person is still entitled to recover damages in their Cherry Hill motorcycle accident case. If they are found to be more than 50% at-fault, they cannot make a recovery against the other driver.
Benefit of an Attorney
An attorney will gather all of the elements involved in a Cherry Hill motorcycle accident in order to properly evaluate the claim. They will take into consideration everything that happened in order to establish who was at fault, and prove any injuries that were sustained and determine how that will impact the case.
The way these elements will impact an individual’s case depends on the dynamics of how the accident occurs. If it is an easier case to prove from the liability standpoint, the case may resolve a lot quicker than if there is a big liability dispute. Many elements can contribute to the structure of a Cherry Hill motorcycle accident case.
In any case, an experienced attorney will determine how much money would fairly and reasonably compensate this motorcyclist for what happened. The elements that are involved as well as the circumstances of the accident are important in proving the damages in a Cherry Hill motorcycle accident case.