Motorcycle accidents are inherently traumatic events. Since motorcycle riders are not afforded the same structural protections as passengers in larger motor vehicles, they are more susceptible to serious and potentially life-altering injuries. For accident victims and their families, the costs of recovery can be immense and often insurmountable.
However, you do not have to pay the price for a Rhode Island motorcycle crash that was not your fault. Under Plantation State law, you could be entitled to significant compensation.
Why Insurance Settlements Often Fall Flat
Rhode Island has a fault-based insurance system. After an accident, victims are entitled to recover damages from the at-fault motorist’s insurance company.
However, securing fair compensation can prove challenging. While you might be entitled to compensation, your rights to recovery could be limited by the at-fault motorist’s policy limits. If the at-fault driver does not have sufficient coverage to reimburse your existing and anticipated expenses, you may have to file a personal injury lawsuit to recover the difference.
Possible Damages After a Plantation State Motorcycle Accident
A Rhode Island motorcycle accident attorney can help you assess your damages, which could include property damage, medical expenses, lost income, pain and suffering, disfigurement, and out-of-pocket expenses.
Property Damage
- Your motorcycle
- Your riding equipment, including helmet, Bluetooth system, protective jacket, and gloves
- Your motorcycle accessories, including panniers, crash guards, and aftermarket electronics systems
Medical Expenses
- The costs of accident-related care you have already obtained
- Anticipated medical care
- Paid deductibles
- Prescription medication co-pays
- Reconstructive surgery
Under most circumstances, Rhode Island law does not limit the recovery of medical expenses after an accident. Even if the insurance company is unwilling to offer a settlement beyond the at-fault motorist’s policy limits, a personal injury lawsuit could help you obtain additional compensation.
Lost Income From Work
If your motorcycle accident-related injuries forced you to take time away from work, you may be able to recover the wages you would have received had you continued earning a wage. This could include expected pay raises, bonuses, and overtime.
Accident victims who have suffered disabling injuries may also receive compensation for lost future income and diminished earning potential.
Emotional Pain and Suffering
Emotional pain and suffering is a non-economic damage. Non-economic damages are awarded by the court to compensate less-tangible injuries and conditions that have no intrinsic financial value.
Some states cap damages for non-economic damages such as emotional pain and suffering. However, Rhode Island does not limit non-economic damages in most motorcycle accident-related claims.
Disfigurement
Motorcycle accidents can inflict disabling and potentially disfiguring injuries. Since disfigurement can impact a survivor’s life in a variety of ways—from loss of self-esteem to actual physical impairment—the court can award damages for injuries that visibly and irrevocably alter a victim’s sense of self.
Other Out-of-Pocket Expenses
- Moving expenses, if the victim becomes disabled and can no longer remain in their old home
- Living space modifications, such as handicap-accessible ramps and guardrails
- Medical services, including in-home care or placement in an assisted living facility
The Importance of Taking Fast, Decisive Action
Rhode Island does not cap or otherwise limit the damages available to most motorcycle accident victims. However, you must act fast to obtain compensation. Rhode Island, like most other states, has a strict statute of limitations applicable to most personal injury claims. If you wait too long to take action, the statute of limitations could lapse.
Once the statute of limitations expires, the court may dismiss your claim without further consideration, depriving you of your right to a legal recovery.
Have You Been Involved In A Rhode Island Motorcycle Accident?
If you've been hurt in a motorcycle accident you need to speak to an experienced motorcycle accident lawyer as soon as possible. Please contact us online or call our Warwick office directly at 401.946.3200 to schedule your free consultation. We help accident victims in Providence, Warwick and all areas of Rhode Island.