A motorcycle accident can have serious consequences. If you have been injured in a motorcycle accident and you were not to blame for it, then it’s highly likely you could claim for compensation. Although it is possible to make a motorcycle claim for compensation without the assistance of a personal injury lawyer, their professional experience can help to add weight to your claim.
Recording the Incident
If you have been involved in an motorcycle accident, you should take immediate steps to record what happened. If you are able to, you should get the names and contact details of anyone else who was involved in the accident. Try to get contact details from anyone who may have witnessed the accident. You must make sure that the accident was also reported to the police because their report of the incident could play a vital part in your compensation claim as they produce an impartial report based on professional judgement.
If you have a helmet cam, make sure that you upload and save the recording in a secure location as this footage could be used in court.
You should seek medical attention as soon as possible after the motorcycle accident. If anyone has suffered serious injuries, an ambulance should be called to the scene. Even if an ambulance is not needed, you should go to the hospital to get treatment for your injuries. As well as helping to create a proper record of the injuries that you suffered, visiting a hospital or doctor can help to reduce the chances of suffering ongoing health issues as a result of the incident.
Speak to a Professional
In order to see whether you have a valid motorcycle accident claim, you should speak to a personal injury lawyer or solicitor who deals with motorcycle accidents. Many of these legal people are willing to offer informal consultation sessions without a fee so that potential claimants can find out whether it is worth pursuing their case. At a consultation session, you will have the opportunity to explain what happened in the accident and how the accident has affected you.
Most law firms that deal solely in personal injury claims offer their services on a no-win, no-fee basis. Make sure that you understand the conditions associated with these arrangements, because you may still be responsible for other costs that are associated with progressing your case, such as expert witness testimony costs and costs of obtaining private incident report forms.
An experienced professional will be able to use their judgement to help to apportion fault for the motorcycle accident. Even if you were partially to blame for an accident, it may still be possible to make a claim if any fault lay elsewhere. Fault is not always apportioned to other drivers who were involved in the incident. An investigation of the evidence that is available may show that fault lay with a third party. For example, the bike manufacturer may be responsible if the incident was caused by a defect with the bike while racing at Brooklands, or the council may be responsible if the incident was caused by a serious fault with the road surface which had not been addressed in a timely manner.
Calculating claim value
In order to calculate the potential value of your claim, your lawyer will take into account various factors. The most important part of calculating a motorbike accident claim will normally be based on medical problems caused by the incident. Your lawyer will take physical and mental health problems into account. Mental health conditions which developed or worsened as a result of the accident may also be covered when your personal injury lawyer considers the level of pain and suffering caused by the accident.
If you have had to make any medical adaptations to your home, this may be covered by the claim. In addition to this, you may also be able to receive compensation for loss of present or future earnings. If your injuries prevent you from being able to earn as much in the future, then this must be considered. Depending on the circumstances of the motorcycle accident, your lawyer may also be able to include other values in your claim.
Lodging a Claim
In the first instance, your lawyer will normally lodge your claim with the defendant’s insurance provider. They will be given the chance to respond to this claim. In some circumstances, the defendant will admit full liability and will offer the full claim value immediately. However, they may instead choose to dispute some aspects of the claim. In these cases, they may make a lower counteroffer. Your lawyer will be able to offer advice on a motorcycle accident claim and whether or not you should accept a specific offer. If negotiations fail, you may choose to take the claim to court. If you fail to win your claim in court, you may end up being responsible for opposing legal costs.