The shock and devastation of a motorcycle crash often come with significant and urgent costs. Our injury attorneys at Tomeny | Best understand that this time may be stressful. We can help you and your family understand how damages in Baton Rouge motorcycle accident claims work and clarify the process of seeking compensation.
Losses and Damages in a Motorcycle Accident
In a collision, motorcycle riders are at greater risk of catastrophic damage and death than the drivers of passenger cars and trucks. A motorcycle crash can cause severe injuries, such as:
- Paralyzing spinal cord fractures and/or nerve damage
- Fractures, limb loss, or crush injuries
- Traumatic brain injuries, even with proper helmet use
- Soft tissue damage that can be life-threatening (such as internal bleeding) or cause chronic pain and functional problems
- Extensive road rash, including abrasions, friction burns, and lacerations from debris
Even if you have insurance coverage for medical payments, it may not be sufficient for your treatment bills. In a serious accident, the bike itself may also be a total loss. Our Baton Rouge lawyers could help you file a compensation claim for the damages you suffered in your motorcycle crash.
What Damages Can You Claim?
Damages are monetary compensation for what you lost in an accident. If you are considering pursuing compensation after a motorcycle collision in Baton Rouge, there are three kinds of damages you could claim: special, general, and, in some cases, punitive.
Special damages cover specific, financial losses and expenses, including:
- Medical treatment and physical rehabilitation
- Lost wages and income due to injuries or disabilities resulting from the accident
- Property damage to the motorcycle or any other items lost in the accident
- Mobility aids and adaptive needs, such as wheelchairs, canes, or ramps for your home
- Funeral and burial expenses in a wrongful death case
- Lost services and expected benefits to family members in the case of a fatal crash
General damages address pain, suffering, grief, and other intangible costs. You could claim general compensation for mental anguish and lost quality of life. Family members who lose a loved one may also seek damages for their grief and loss of companionship. Louisiana Civil Code art. 2315.2 identifies which family members may be eligible for a wrongful death claim.
If the person at fault was driving under the influence of alcohol or drugs, they may also have to pay punitive damages. Courts can award punitive damages (or exemplary damages) to claimants as punishment, as outlined in Louisiana Civil Code art. 2315.4.
How Legal Counsel Could Address Complications in Claims
State law recently changed to limit the eligibility for filing compensation claims, even in cases of serious injury. For accidents in 2026 and afterward, the damages you can claim depend on the degree of responsibility of the parties involved.
If a court finds that you had 50 percent or less of the fault for the accident, you can still submit a claim for damages. However, your level of fault reduces the amount you can claim. If you had 51 percent or more of the fault, you have no right to any compensation.
Insurance companies depend on these rules. Adjusters and representatives search for any evidence of fault they can use to deny a claim or minimize payments. Our Baton Rouge attorneys could help you establish the facts of your motorcycle accident claim and protect your right to seek compensation.
Call Our Baton Rouge Team About Your Motorcycle Crash Compensation Claim
At Tomeny | Best, we know the challenges you may face with insurance companies after a collision, and our team is here to guide you through the process. If you sustained injuries in a crash, our lawyers could help you understand the eligibility rules for damages in Baton Rouge motorcycle accident claims. Contact us today to discuss your case and let us help you get the compensation you deserve.