You’re probably seriously injured after a motorcycle accident. Whether it’s a head or back injury, internal bleeding, broken bones, or road rash, a motorcycle accident can lead to debilitating injuries that affect you for years or permanently.
The steps that you take in the days after a motorcycle accident are important to your recovery and to obtain the most compensation in a personal injury lawsuit. Talk to a motorcycle accident lawyer in Booneville today for more information about legal options after a motorcycle crash.
What’s The Difference Between Auto And Motorcycle Accidents?
Any auto accident can be serious, but motorcycle accidents can be different. Motorcyclists have no protection from their vehicles and face the elements entirely. A car hitting a motorcycle can cause severe injuries when the motorcyclist hits the vehicle or ground. This means motorcycle accident claims tend to involve more than many car accidents. You can expect the at-fault party’s insurance company to question your injuries, liability, and whether you deserve the compensation you ask for.
Also, insurance companies know there is a bias against motorcyclists. Juries often wrongly believe every motorcyclist is a risk taker and ‘gets what they deserve’ in an accident. Though inaccurate, it’s essential to consider the genuine bias against motorcyclists during the legal process. Your attorney understands that the legal system can be biased against motorcyclists and will effectively argue your case for the best outcome.
Next Steps After A Motorcycle Accident
After the motorcycle accident, you called first responders and the police. You probably sought medical attention. Now, what should you do? What are the next steps?
Receive Medical Care
You may have visited the ER after the motorcycle crash, which is important. Delaying medical care can exacerbate any injuries you have. You also should have a doctor document your injuries immediately to preserve your legal rights. If you delay medical treatment, the at-fault driver’s insurance company might question your injuries.
You must attend any follow-up medical appointments with your doctor or specialists in the coming days. Ensure you attend every scheduled appointment and immediately make it up if you miss one. Suppose your doctor sends you to a proficient physician, as scheduled, and follow up if needed.
The insurance company will check if you attend all your appointments and follow your doctor’s advice. Skipping appointments won’t look good when your motorcycle accident lawyer begins negotiating a settlement. The insurance company will say she didn’t go to her doctor appointments, so she must not be injured.
Getting prompt and follow-up medical care after a motorcycle crash is critical to receiving just compensation. If you have hospital stays or surgeries, your attorney may need to wait until you reach maximum medical improvement (MMI) to craft a demand letter.
Talk To Your Auto Insurance Company
You must promptly report the motorcycle accident to your insurance company, even if the other party hits you. Most insurance companies say you should file a claim within 30 days, but sooner is better.
However, You should use caution when talking to the other party’s insurance company. You are not obligated to talk to the liable driver’s insurance provider. It can be a bad idea. Their insurance company will like you to say something to affect your claim negatively, so they may ask to record their conversation with you. Never let them record you! It’s always better to decline to make any statements to their insurance company. Instead, refer them to your motorcycle crash attorney.
Talk To Your Medical Insurance Company
If you have severe motorcycle accident injuries, your medical insurance may need to cover your initial medical bills. As soon as the company receives your medical bills that look like an accident, it will contact you about how it happened. However, you can speed up the approval process by calling your insurance company right after the crash. Inform the health insurance company that you were in an accident and another driver is at fault. The insurance company will seek reimbursement from the at-fault party’s insurance company.
Retain A Motorcycle Accident Attorney
Motorcycle accidents often involve a wrecked bike, severe injuries, lost earnings, and a lot of pain and suffering. It is almost impossible for an injured non-attorney to obtain the best compensation without an attorney’s assistance. Besides, the last thing you want to do when lying in bed with accident injuries is to negotiate with an insurance company. Let your attorney handle the motorcycle accident claim while you recover.
Keep A Pain Journal
Accident and injury evidence are crucial to building a strong motorcycle accident claim. Your attorney is likely working diligently on collecting various types of evidence, including photos and videos of the scene, police reports, eyewitness statements, and medical records. Each piece of evidence contributes to painting a comprehensive picture of the accident and your injuries, strengthening your compensation case.
You are probably recovering and following your doctor’s advice during this time. One thing you can do to support your claim is to keep a written or video journal of your day-to-day experiences as you recover. You should talk about the pain you experience and how it affects you mentally and physically. If you have pain during treatments and rehabilitation, mention it in your journal.
The pain journal you assemble can be an important component during settlement negotiations.
Watch What You Say And Do
Assuming that the liable party’s insurance company is watching and listening to you during a motorcycle accident recovery is best. Insurance companies are known to have investigators follow injury clients to determine if they are doing anything to undermine their claim. For example, if the insurance company sees you running in the park with your kids, they might say you aren’t injured.
Regarding social media posts, the less, the better. Don’t mention anything on social media about your case, liability, or your injuries. Don’t talk about any physical activities you do, either. Insurance companies monitor social media accounts.
Respond To Attorney Requests
Your attorney will handle most of your case on their own. If they ask for anything from you, such as photos and videos you took of the crash scene, respond as soon as possible. Personal injury claims can experience delays when the plaintiff fails to respond to their attorney’s requests.
Damages In A Motorcycle Accident Claim
Motorcycle accidents often lead to large case amounts because of the serious injuries involved. If you prove that the other party caused the accident, you can receive the following compensation in a motorcycle accident settlement:
- Medical bills: You can have serious injuries from a motorcycle crash that require extensive treatment and rehabilitation. The at-fault party’s insurance company will cover your immediate medical bills for treatments. Your motorcycle accident lawyer will also negotiate for your future medical expenses to be covered, such as doctor appointments, surgeries, physical therapy, and hospital stays.
- Lost earnings: You should receive compensation for all your lost income during your recovery. Prove your lost earnings by providing the insurance company with paystubs or income information. You can receive compensation for future work loss if your severe injuries affect your earning ability.
- Pain and suffering: Motorcycle accident injuries are often painful, and the recovery process can also involve a lot of discomfort. You should receive compensation for pain and suffering, and your attorney will argue for the most possible based on your injuries.
- Mental trauma: Being in a serious accident, having your body mangled, and the recovery process cause a lot of emotional and mental trauma, including PTSD. A motorcycle crash lawyer knows how to negotiate for your mental suffering after a serious accident effectively.
- Property damage: The at-fault party should pay for repair or replacement if your vehicle was damaged or totaled.
What Is A Motorcycle Accident Claim Worth?
Motorcycle accident claims can be worth thousands or millions. Everything depends on the case and the injuries involved. Factors that usually affect a motorcycle accident claim the most are:
- Severity of injuries: Do you have a broken arm? Or a head injury and nerve damage in your feet and hands? The severity of the injuries and how long they take to heal is the biggest factor in your case. Motorcycle accident injuries can be severe, and more severe injuries are worth more.
- Strength of evidence: If it’s clear that the other driver was at fault, this will raise the case value. On the other hand, if you’re partially to blame, it can negatively affect the claim.
- Lost earnings: How much work time you miss is another big factor in the settlement. You can receive more lost earnings if you are out of work for months. It also matters if your injuries mean you cannot work anymore or in the same job.
- Insurance coverage: The at-fault party’s insurance coverage can be a major factor in the outcome. After all, you can have one million dollars in damages, but if the liable driver only has $100,000 in coverage and no assets, you may not recover more.
The last critical factor in the ultimate legal outcome is who you have representing your interests. Anyone with serious accident injuries should have a skilled motorcycle accident lawyer fighting for them.
Your attorney will navigate the complex legal process and advise you on increasing your compensation. They will evaluate your case and recommend whether to settle or go to court. Remember that no motorcycle wreck lawyer receives compensation unless there is a settlement or jury award, so you have no out-of-pocket expenses.
Motorcycle Accident Settlement Mistakes
You should understand what to do now after a motorcycle accident. Now, let’s look at things you should not do:
- Delaying medical care: Whether you think you aren’t hurt or don’t want to go to a doctor, not getting prompt medical care can ruin your claim. Many people don’t realize they are hurt for a few days until they can’t get out of bed or have other symptoms. Cover your medical and legal bases by getting immediate care after the accident.
- Not hiring a motorcycle accident attorney: Who wants to hire a pricey lawyer after an accident when you can’t work? Personal injury attorneys work by contingency, so you don’t pay legal fees unless you get a settlement or jury award. You have nothing to lose financially by hiring a skilled attorney and much to gain.
- Not calling the police: Many at-fault parties will try to encourage the injured not to call the police and settle the claim on their own. You should always call the police when there is a serious crash, especially a motorcycle accident. Document the crash and alert the police. If you drive away, you can be accused of hit and run later.
- Not keeping evidence: Your attorney will collect critical accident evidence, but you have options right after the crash to help your case. Take photos and videos of the involved vehicles and the crash scene. They can be vital to proving liability.
- Not calling your insurance company: You don’t have to file a claim with your insurance, but you must inform them of an accident. If you don’t do this, you can have trouble filing a claim if it was a hit-and-run or the driver doesn’t have insurance.
- Accepting the initial settlement: Any insurance company worth its salt will contact the injured immediately after the accident and encourage them to settle quickly. The adjuster may offer to ‘pay all of your medical bills.’ Yes, if their client caused the crash, they will! And they will likely pay more because you deserve compensation for more than just medical bills. Let your attorney handle negotiations, and never sign anything without your lawyer reviewing it.
Talk To An Experienced Motorcycle Accident Lawyer
Get immediate medical attention after a motorcycle accident. Once you have done that, speak to a motorcycle accident attorney. Your attorney handles these serious accident cases often and will strive for the best outcome in your case. The other party’s insurance company will have a lawyer, so you should have one to negotiate on your behalf. Talk to an experienced personal injury attorney today for a free consultation.
