Motorcyclists are amongst those at risk of road accidents. These accidents cause severe physical injuries, and some of these lead to mental issues and a wide range of disabilities. Anyone who has been injured in a motorcycle accident can tell that filing a claim is hectic, especially when one doesn’t understand the details of the case. Research has shown that motorcyclists are more likely to suffer severe injuries in an accident. Besides, they also have to determine who is liable for their injuries in a unique way. This article contains tips on how an injured motorcyclist can file a successful claim and what factors come into play for a favorable settlement.
Dealing with your Motorcycle Accident Claim
If you have been injured, you will be figuring out the kind of compensation you need. Your case will be based upon one single principle, and that is negligence. You have to show how the negligence of the other party led to your accident. Depending on your case circumstances, a Bakersfield motorcycle personal injury lawyer will offer you the best strategy.
Such a lawyer will tell you that the extent of your injuries and what led to such injuries are the two main factors that play a part in what settlement to receive. Other factors that may determine your award are whether you were also involved or share some percentage of fault. A motorcyclist injured can recover the best settlement if they can follow the below tips as follows:
Show the seriousness of the injuries suffered – No insurance company will be willing to offer you payment until they clearly picture how much you suffered. The key indicator of your case success will be the kinds of injuries you suffered and how your doctor can come up with a clear medical record of what you have suffered from.
Note that the kind of injuries suffered also determines one’s claim value. For instance, if you suffered from significant injuries, it’s more likely that you will undergo pain and suffering, as you will be dealing with more than pain. The higher the pain, the more you are likely to receive.
How much medical expenses you spent or a likely to spend for your injuries? – A motorcyclist who has suffered from traumatic brain injury will be subjected to a higher settlement than one who suffered from hand or leg injuries.
How the injuries are likely to affect your Future? – If you suffered from injuries that led to a permanent disability, you would get more settlement. Not only from your personal injury claim, but you can file a Short-term Disability benefits claim.
All the above falls under negligence. So, you will be concerned on how to place blame on the liable party who will pay for your damages.
Who is at Fault?
Establishing liability is one challenging area that requires one to have legal advice. As most of the personal injury cases are based on negligence, you will be concerned with how well to prove the other party behaved in a careless way, which led to your injuries.
Any driver on the road should be careful enough to avoid causing harm to others. If this does not happen, it may lead to injuries or even wrongful death. In most motorcycle accidents, a motorist is to blame. Such assumes that a motorcycle has fewer rights to use the road and thus they care less when they are sharing the road.
Unfortunately, even though this is true, there remains the myth that motorists are careless when on roads. If you were involved in an accident with a motorist, they would argue that you were at fault. If the arguments don’t bear fruits, they will claim you are partly to blame. Even if the latter is so, you will still get compensated, but this will be according to the percentage of your fault.
Filing your Claim
If you are to file a successful motorcycle accident claim, you need to prove that:
1. The negligent party was required to be reasonable by the law, but they ignored.
2. The ignorance led to the accident.
3. You suffered injuries. Here you need to have a clear medical record indicating such injuries and how much they will cost you. If your injuries seem to incur future costs or could result in a disability, this should be indicated.
4. Such injuries must lead to a loss. If you never suffered any loss, you cannot be compensated.
How the accident affect your life will significantly determine how much you are to recover. With the proper evidence, you can file a successful claim.
Your claim must be filed in such a way that there is a great likelihood that the defendant will be found liable by the insurance the company during settlement or the court during a trial. If you have any concerns about your motorcycle injuries, you can get an experienced motorcycle accident lawyer to guide you on the best way to handle your claim.