Whenever a motorcycle accident occurs, it results in both physical and psychological torture. What is even more painful is the fact that majority of motorcycle accident victims do not know about the procedure to follow in order to be compensated thus end up not receiving compensation at all aggravating their suffering. As a matter of fact, most individuals hardly know of the questions they should be well aware of in order for their motorcycle accident personal injury claim to be successful. Majority think that only seeking the services of an attorney who is an expert in this matter is what is of essence. However, this is not the case. This article substantiates in an in-depth manner the guidelines that one should adhere to before even consulting a motorcycle accident attorney. The guidelines include 6 major questions that should be well articulated for a successful personal injury claim.
1. Was it your fault?
If the motorcycle accident occurred as a result of your negligent driving and failure to observe traffic rules, it is very much obvious you will not receive financial compensation. For instance, if you were under the influence of alcohol, this is tantamount to negligent driving. This is so because the law clearly stipulates that negligent driving is outright violation of the traffic laws set. This means that you deliberately caused the accident. In such a scenario, a court of law might decide to dismiss the case which automatically renders you unsuitable for personal injury compensation. In the event that the motorcycle accident was caused by another person and it is established that you were not a fault, chances of your motorcycle accident attorney filing a strong lawsuit are high which will guarantee compensation to enable you to start your process of recovery. This is because the attorney is in a better position to convince the jury that you did not breach the law.
2. Did you seek medical treatment after the accident?
In order to ascertain the extent of injuries sustained in a motorcycle accident, an individual should immediately consult a professional doctor. Once this is done, request the doctor to furnish you with medical records. Medical records are very important when it comes to seeking compensation as a result of a personal injury arising from a motorcycle accident. This is because they act as evident that indeed you sought treatment when you got involved in the accident. Failure to produce medical records to verify that you sustained severe injuries will water down the claim. In seeking medical treatment, it is important to ensure all the details with regards to the accident are meticulously recorded. For instance, if a prognosis was conducted by a doctor or an X-ray was conducted, be sure to acquire a written copy. This is to increase your chances of winning a personal injury claim. If an individual does not seek medical treatment within the shortest time possible or does so after 6 months have elapsed, it will be very difficult to the attorney to convince a jury that the injuries sustained result from the motorcycle accident which makes the lawsuit null and void.
3. Has compensation already been offered?
In some cases, insurance companies may dissuade individuals from pursuing a personal injury claim in court. This happens because the insurance companies know if the case is water-tight, they will be compelled to pay the claimant a huge sum of money. Thus, if an individual is persuaded to make an out of court settlement by the insurance company and accepts, he/she in most cases cannot make another claim. Therefore, it is of essence for individuals to always make informed decisions when dealing with insurance companies to ensure they get a worthy compensation.
4. Did the accident result in injuries?
Quite a number of persons have the notion that if a motorcycle accident occurs, it is an outright guarantee they will be compensated. What they do not know is that the law has put it very clearly that as much as the accident occurs and there are no injuries sustained, there is no compensation. On the other hand, just like in car accident injuries, it is not unusual for people to sustain injuries in motorcycle accidents. The injuries include: spinal cord injuries, broken bones among others. For this reason, an individual should ensure they accurately describe these injuries to a qualified medical expert and the same is documented in order to be in a position to get compensation. If the doctor establishes that you are in a lot of pain and have injuries that prompt regular medical checkups and treatment, it will certainly yield compensation when you file a lawsuit.
5. Is there an accident report that was filed?
It is common procedure that there should be tangible evidence in form of a written report documenting the occurrence of a motorcycle accident. This is done by the police who get access to and assess the accident scene or the parties involved in the accident. In the case where the police are called, they will focus on making a diagram of the scene, assessing the prevailing weather conditions and get contact information of the available witnesses. If this is done, a person can be sure to get compensation since the report acts as evident that indeed the accident took place. Further, an attorney can come in handy in compiling of an accident report if knowledge of the party’s insurance information and license plate number exists.
6. Have you or the at-fault driver insured your cars?
It will be disappointing if you do not get compensation simply because you do not have insurance cover for your vehicle yet the at-fault driver has it but you are not aware you can be compensated. It is therefore necessary to understand this so as not to miss out on compensation in case you do not have insurance cover.
As a final point, always ensure you record these issues the first priority when seeking compensation due to personal injuries sustained in a motorcycle accident. This will facilitate a smooth flow of the entire process making it less complex. Learn more, click Motorcycle Accident Personal Injury Claim.