If you are unfortunate enough to suffer injuries and property damage as a result of somebody else’s negligence, the only thing the civil justice system permits by way of recovery is monetary compensation. Similar cases can have different results and, as such, it is important to do everything you can to obtain full value for your damages.
Here are a few tips on how to increase your recovery after a motorcycle accident.
1. Medical Attention
If you are injured, see a doctor right away. Insurance companies like to make the argument that because the injured party did not seek medical treatment immediately, he couldn’t have been injured that badly. Obviously, the main reason for seeking immediate medical attention is to ensure that you are not more severely injured than initially thought. In one case, the motorcyclist got up after he was knocked to the ground and although he was suffering pain and discomfort, he did not seek immediate medical attention. A few days after the accident, he passed out. Ultimately, he learned that he had a lacerated spleen.
If a doctor recommends seeing a specialist, take his advice to ensure that all of your injuries are specifically diagnosed and a treatment plan is provided. We have had clients who had hand injuries which an orthopedist really couldn’t do much about. Some, when referred to a hand specialist, were diagnosed with nerve damage.
2. Photographs
Photographs are extremely important. While it might not be palatable and seem somewhat off-color to have somebody take photographs of an injured party in a hospital bed, photographs and video footage will later convey the seriousness of the your injuries. Similarly, photographs of visible injuries are helpful to get across the full extent of the injuries. Photographs of remaining scars will also increase the value of your case.
3. Timing
You should not settle your case until you have a clear idea of the full nature and extent of your injuries, and until you have reached what is often called “permanent and stationary status” -- that is, you have plateaued medically and you will not be needing any more regular treatment. Most people want to settle their case as soon as practical, but settling too soon could decrease the value of your case.
4. Be Forthright
Fabricating injuries seldom will help your case and, simply put, it’s dishonest. It’s much better to be fortunate enough to have sustained minor injuries and have your case worth less than the other way around. Particularly problematic is when the injured party claims he cannot perform a host of activities and then is caught on surveillance tape performing those exact activities. When this occurs, the claimant loses all credibility. A related problem is when the injured party remains off work for an exorbitant amount of time relative to the injuries sustained.
5. Document Your Wage Loss
Make it easier for the insurance company to pay you what you truly deserve. Provide pay stubs for the months before, during and after the accident so the loss can be properly calculated. Get a letter from your employer setting forth your position, salary and benefits at the time of the accident and the time you missed. If you are in business for yourself, you will may need to produce a portion of your tax returns to substantiate your claim. Also, if your doctor does not address your work restrictions, ask him his opinion. If he advises you to stay off work, have him notate that in your medical records.
6. Document the Value of Your Bike
If your bike is totaled and the insurance company tries to lowball you, show them why your bike is worth more. Get online and find comparable bikes in your area. Document all extras and any recent work or new parts.
7. Save Your Receipts
It makes it a lot easier to obtain the value of your damaged gear such as your helmet and jacket if you have receipts. Also, photographs of the damage are important. However, don’t expect full value. Generally, the items will be depreciated. Some insurance companies even go so far as to ask you to send them the items.
8. Be Likeable
If your case goes into litigation and you are deposed, the way you present yourself will affect the value of your case. At your deposition, the defense lawyer is not just trying to determine your version of the accident and your injuries -- he’s also evaluating you for jury appeal. Juries like nice people, not angry people who are seeking retribution. If you come across well, you will increase the value of your case.
9. Choose an Attorney Who Specializes in the Field
Be wary of going to your next-door-neighbor or to a relative or friend simply because he or she is a lawyer. If you are injured in a motorcycle accident and are seeking compensation for your damages, you should seek out a lawyer who specializes in that particular field.
10. Be Realistic About the Value of Your Case
There have been studies done that suggest that the majority of the time, the last offer made before trial is generally more than the jury verdict. Discuss each offer with your lawyer in detail. You could cost yourself a lot of money by not being realistic.
