What are punitive damages?

Answer

Punitive damages may be recoverable in certain circumstances. Punitive damages exist to punish or make example of the wrongdoer for conduct that is intentional, or when the wrongdoer acts in a reckless manner in disregard for the rights of others. The actual payment of punitive damages is rare, and appellate courts frequently cut punitive damage awards down, or simply throw them out. However, the threat of punitive damages can often induce the defense to make an increased settlement.

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What are compensatory damages?

Answer

Compensatory damages “compensate” the injured person for various kinds of losses or damages. The courts do not allow attorneys to argue that the award should be what a juror would want to undergo a similar injury, but the instructions call for “reasonable” compensation.

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What compensation am I entitled to for my injuries?

Answer

Your legal rights to compensation may include:

Payment of medical bills

You may be entitled to have your medical expenses, past and future, paid:

• Hospitalization
• Surgical procedures
• Ongoing medical care
• Counseling
• Scar revision/Cosmetic surgery
• Physical therapy
• Occupational therapy

Compensation for loss of income and loss of the ability to earn income in the future

You may be entitled to have your lost wages, past and future, paid.

Vocational rehabilitation (job retraining)

You may be entitled to compensation for the costs of being re-trained into a new job or occupation.

Compensation for pain and suffering

You may be entitled to compensation for the pain and suffering you have endured and may continue to endure as a result of your injury. In a death case, the heirs are NOT entitled to pain and suffering, and in many states they cannot recover for pre-death pain and suffering. However, they DO recover instead for “loss of aid, comfort and society” of the deceased loved one, and for diminution of the estate (a factor of the deceased’s future earnings).

Loss of consortium

The spouse of a burn survivor may be entitled to compensation when an injury is so severe that it interferes with the injured party’s spousal relations. The effected family member may suffer a very real detriment. Many courts recognize the right of the injured party’s spouse to recover in an appropriate case for a loss of support, services, love, companionship, society, affection, sexual relations and solace in the form of a loss of consortium action. Loss of consortium is a claim separate from the injury victim’s claim. It is unique to the injured party’s spouse and is compensable by a separate damages recovery.

Disfigurement and disability

Any physical or mental impairment or disability.

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How is negligence proven in a motorcycle accident case?

Answer

Motorcycle accidents are usually caused by someone’s carelessness or failure to act. Often times it is a combination of negligent acts or a failure to act by one or more persons or entities that cause an accident to occur. The law requires that each person owes every other person a duty to act as a reasonably prudent person would act under the same or similar circumstances. When a person does not act reasonably, then they have violated that duty and will be held responsible for any injury or damage that results. This duty is created from statutory laws and rules in prior cases that have evolved over time.

It is important that the qualities of the motorcycle be analyzed for their role in causing or responding to the accident. There are accident reconstruction experts available with specific expertise in motorcycle accidents. Usually, there are photographs of the vehicles, and possibly other physical evidence. The physical evidence is used in conjunction with the testimony of the parties and eyewitnesses to determine what happened. Generally, each side points to those pieces of evidence, and those statements of witnesses that are favorable. The jury or the insurance company for the defendant will weigh all of the evidence developed by each side, and determine who is at fault, and in what percentag

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What if I don't have enough medical coverage?

Answer

There are many different ways to help fund your hospital, therapy and medical bills. Michael Padway & Associates will do everything they can to make sure you have the money you need to get the necessary medical care you need. We’ll deal with insurance companies and your defendant’s attorneys to get you the money you need when you need it. Most sources for paying medical bills, whether insurance, use of a government-run hospital, or an HMO will require some kind of repayment from your settlement or verdict. Your attorney can help you deal with these complex issues.

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How do I pay for legal assistance?

Answer

Attorneys who handle Personal Injury claims are usually paid by contingency fee – this is a percentage of the amount that is successfully recovered for the client. If there is no recovery, the attorney does not get paid.

The Financial Planning Association may be able to help you organize your finance.

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What is the statute of limitations in my motorcycle accident law case?

Answer

The statute of limitations is the specified time period that the law permits a claim to be filed against a responsible party. The statute of limitations varies for cases involving children and adults, and also differs from state to state. It is important that when a serious and catastrophic injury, such as a burn injury occurs while at work, that an attorney and trained investigators be retained as quickly as possible after the accident or injury so that any potential third parties, other than the employer, can be identified and any evidence be preserved. This site is deliberately kept general, and is not to be used for specific advice in any particular case. However, if you fail to start your case before a statute of limitations runs, or to make a claim within the time required by a specific claims statute, you could forever lose your right to pursue your case.

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Automobiles vs motorcycles - Do juries tend to side with the motorcyclist or the automobile?

Answer

There is, on the part of many prospective jurors, a serious lack of understanding of the motorcyclist. Many people actively dislike the existence of motorcycles. Police investigators often don’t understand the mechanics of a motorcycle accident. Witnesses often overestimate the speed of the motorcycle. Witnesses and defendants often believe that the motorcycle “came out of nowhere“.

It is critical in a motorcycle case to combat this bias. To do so, your motorcycle accident attorney must do the following…

• Understand at a gut level what the motorcyclist was confronted with, what choices were available, and why the choices were made;
• Must be able to objectively and based on principles of physics and mechanics review the available evidence and correct mistakes in the police report, if necessary;
• Be able to find the flaws in the analysis of the opposing expert.

For example, motorcycles don’t stop like cars, don’t swerve like cars, have different controls than cars, and slide on their sides, which cars rarely do. To the extent that a jury can be successfully educated in all of these areas, the anti-motorcycle bias of jurors can be mitigated. Remember also, that the number of motorcyclists (and their friends and relatives) is large, and it is possible that the defense will fail to identify or challenge a motorcyclist or pro-motorcyclist juror.

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Choosing a California motorcycle injury lawyer? Why it's important to hire an attorney who is experienced with serious motorcycle injury cases.

Answer

Attorneys who have experience litigating serious injury cases associated with motorcycle accident cases are far better prepared to deal with all the aspects of your case then attorneys who have handled few. If you choose an experienced attorney, chances are you will get better results.

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What happens if I choose the wrong motorcycle accident attorney?

Answer

The key requirements for the successful San Francisco, California motorcycle injury accident attorney are the following…

• Understanding of what is needed and what is being presented;
• The ability to know what experts and what testimony is needed to explain all the facets of the injury;
• And the ability to work with the client to put this all together in a way that is complete, straightforward and easily understandable.

Motorcycle injury cases settle with an eye toward providing the needed care after attorney’s fees. If successful, you live as normal and full a life as your motorcycle injury allows. If not, you do without for the rest of their your life, because the attorney failed, the liability wouldn’t support a large enough settlement to meet your needs, or the defendant didn’t have enough coverage or resources.

You only have one chance to get it right. An injury lawyer may be able to get you what seems like a big settlement. However, they may have overlooked future expenses. What may seem like a fair settlement may actually be way too small for your present and future financial needs. The best settlement may be a “structured settlement” providing payments over a lifetime, with tax planning and other advantages. These can be difficult to negotiate and evaluate, especially if your attorney does not have adequate experience with serious injury cases.

The strength of the insurance carrier making these payments is a factor that must be evaluated by a professional who understands insurance. The inflation factor built into a structured settlement must be understood, because the payments are made over a lifetime, and inflation can chew up your settlement.

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Why is it important to choose a "comprehensive" motorcycle accident law firm?

Answer

Litigating a major motorcycle injury accident case in California involves far more responsiveness and understanding of the client’s needs than other cases. It involves far more understanding of your life and medical care. The level of commitment is much higher. More trust is required, and many hours are spent assessing your present and future needs.

Michael Padway & Associates has handled thousands of injury cases (including many motorcycle accident cases), and we know what it takes to get you the money you need and provide you with community and medical resources to help you plan your future.

Most injury law firms focus primarily on the bottom line alone – how much money they can get their clients. We understand that all you can get from your lawsuit is money, but at Michael Padway & Associates, we know there’s more to an injury case than just money. You also need guidance and support, and understanding of every area of your life affected by the unexpected injury.

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How do I choose the California motorcycle accident lawyer that is right for me?

Answer

Support groups, advocacy organizations, medical, and rehabilitation professionals can often recommend experienced attorneys. Community resources and referrals can help you find the perfect attorney. First and foremost, look for an attorney who has experience litigating serious motorcycle accident cases.

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