How To File A Lawsuit For Personal Injury

Recent Motorcycle AccidentsAlthough they often wear leather, helmets and other protective gear, motorcyclists are subject to severe—and even fatal—injuries.

According to police, on May 23, 2019, a Fairbanks motorcycle driver was killed when, while driving at a high rate of speed, he was thrown from his motorcycle and caused to crash into trees.

You might think that the publicized "high rate of speed" thwarts his case from the outset. The Best Attorney For Personal Injury can circumvent this immediate obstacle, by asking whether or not there any evidence that the operator of the motorcyclist was in fact speeding. And, if he was, was this "high rate of speed" reasonable under the circumstances of this particular scenario?

Even if the rider was driving too fast, was there debris or other conditions on the road that caused the incident? Was there a construction site in the area that was negligent in leaving rocks there, causing the slip. Was there a recent spill of oil from another trucker that caused the road to be slippery? Was there a buildup of untreated snow and ice? Was there a pothole, crack or uneven section of road that the municipality failed to repair? Based on the foregoing, there could have been multiple causes of the incident placing liability on many different persons and entities and removing responsibility on the motorcyclist, even if he was in fact speeding.

Proving DamagesLiability, which was proven by showing one of the scenarios above, is only half the battle. An Alaska Accident Attorney next will have to help you prove that you suffered "damages," otherwise known as the value of the injuries you sustained.

First, you will have to prove "economic damages," or those that are pretty objective, usually documented and therefore easier to prove. These often include medical expenses, hospital expenses, lost wages, pharmacy costs, property damage, rental cars, etc.

More challenging is the proof of "non-economic damages." These require personal testimony, how long the injured party was in the hospital, at home and out of work, and how the victim’s regular activities were negatively impacted. These damages, which include pain and suffering, loss of services and loss of consortium, are subjective, requiting attorney and client to put together a tearjerker of a story to present to the jury.

Of course, the inherent danger of motorcycle travel sometimes results in fatalities. In such as case, an estate representative can bring a "wrongful death" claim on behalf of the estate of the person that passed away. Here, damages may be recoverable for (1) pre-death pain and suffering (known as a "survival" claim), (2) medical treatment costs prior to the person’s death, (3) funeral and burial costs, (4) loss of the deceased’s income, (5) loss of inheritance, if any, (6) loss of services, (7) loss of care/guidance/nurturing, (8) loss of love/companionship, and (9) loss of consortium.

In light of the likelihood of serious injuries to a victim, it is important to hire the Best Attorney For Personal Injury in Alaska to prosecute a motorcycle accident claim. Indeed, your failure to retain a quality Alaska Accident Attorney could result in the victim—or his estate—receiving far less than merited.