Motorcycle accident leaves one dead and another seriously injured
There are numerous types of damages an injured person may claim in a personal injury lawsuit, including medical expenses, lost wages and pain and suffering.
June 22, 2013
Motorcycle accident leaves one dead and another seriously injuredKOMO News recently reported on a motorcycle accident that left a 26-year-old man dead and a 45-year-old man injured. The report stated that the accident happened on Highway 101 about five miles south of Quilcene.
According to the news report, the 26-year-old man was driving his motorcycle north on a right-hand curve on Highway 101 when he allegedly crossed into the southbound lane and collided with another motorcyclist.
Both of the motorcyclists were ejected from their bikes. The 26-year-old man from Lacey, Washington, was pronounced dead at the scene, and the rider of the Harley Davidson, from Hadlock, Washington, suffered serious injuries and was airlifted to Harborview Medical Center.
Proving fault after an accident
In most accidents, the theory of negligence is usually the basis for holding a person responsible for any harm caused. Under the principle of negligence, someone who acts carelessly and causes an injury to another person can be held liable for the harm.
In order to successfully win a negligence claim, the person who was injured needs to show that the person supposedly at fault owed a legal duty of care to the injured person under the circumstances. The injured person must also show that the legal duty was not fulfilled and was breached through conduct, action, or in some instances, inaction. Additionally, the injured person must show that the person supposedly at fault caused an accident that involved the injured person and that the injured person was harmed as a result of that accident.
Damages that the injured can claim after an accident
There are numerous types of damages an injured person may claim in a personal injury lawsuit, including medical expenses, lost wages and pain and suffering.
Medical expenses that can be claimed as damages include expenses from physical therapy as a result of injuries sustained from the accident; ambulance fees; in-home services; and, consultations with doctors or other health care professionals.
In some instances, injuries from an accident may not produce symptoms or need medical attention immediately after the accident. This is often the case with head or other soft-tissue injuries. Some injuries, however, are not discovered until much later. After an accident, it is important to seek medical attention as soon as possible. This will help treat injuries in the short-term and help gauge the risk of long-term damage from head, neck or back injuries.
Damages for lost wages can be claimed if the injuries sustained cause a loss in earning capacity. Lost wages damages can also be claimed if the injured is unable to work due to therapy sessions, problems with mobility, or because of time that the injured spent in the hospital.
One can also seek damages for pain and suffering. Pain and suffering is mental or physical distress from an accident, such as a physical injury, or mental injuries, such as anxiety or stress. Pain and suffering damages are based on the type of injury sustained, the seriousness of the injury, and whether or not there is likely to be future pain from the injury.
Someone who was injured in an automobile accident could benefit from consulting with a personal injury accident attorney who will work to help the injured receive compensation for the injuries sustained in the accident.
Article provided by Law Offices of Elizabeth Quick, PLLC
Visit us at www.lizquicklaw.com