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Successfully Working Through Personal Injury Claims

Statistics and accident report that motorcyclists are at a higher risk of getting into serious and fatal accidents as opposed to drivers. To reduce the risk of getting an accident, motorcyclists need to be careful when lane splitting, speeding and they also need to anticipate road hazards. If you have been involved in an accident as a motorcyclist, you can file for compensation under personal injury law.

There are several key considerations you need to make while filing the claim. It is best to seek the advice of a personal injury or accident attorney when filing a claim. Click here to view your options. Personal injury cases can pose several complications, among them:


Prejudice among motorcyclists

While preconceived judgments and personal biases should not be factored in when determining fault in personal injury cases, you can never rule out human biases. The actual picture is on the ground is that many people dislike or distrust bike riders. Sadly, these prejudices can also play out in court. Considering this, judges and members of the jury may not be inclined to offer handsome payouts. This is in comparison to car drivers and passengers. The tricky bit is that insurance adjusters are aware of these prejudices and they can often take advantage. The possibility of biases emphasizes the need for motorcyclists to have a strong case. This is especially in the case where you have been injured. To build a solid case and receive full compensation, it is wise to seek legal expertise. On your own, you may not have the legal background or experience to handle a personal injury claim.

Case valuation

The merits of a case need to be evaluated to determine a claim amount. This process is referred to as case valuation. Valuation is ascertaining how much a claim is worth. It is also determining how much the defendant is willing to pay. In most cases, these cases are settled outside of court. Insurance adjusters are usually not willing to pursue the matter to court. The court process is both time-consuming and expensive. Valuation is mainly done by assessing the resulting injuries after a motorcycle accident. Most bike accidents involve head collisions and leg injuries. In light of this, it is wise for the injured person to consider the long-term effects of their injuries. There are certain injuries that have heavy medical costs implications in future. As such, case evaluation needs to be done by looking beyond the apparent symptoms.

Appropriating damages

There is no concrete formula is calculating damages. In most cases, the judges and jury make an educated guess. The impact of the injury on the life of the victim is also factored in. Other general damages awarded may include, pain and suffering and the loss of quality of life. The courts also consider the long-term effects of the injury. For instance, if the accident leaves the injured person with a limp or serious leg injury and their main source of income is sports related, then they will be awarded a higher payout. Given that personal injury cases are determined under common law, much of what the courts awards as compensation depends on the strength of the case and proof of injury. The injury and death rate in motorcycle accidents is heightened compared to car accidents. The injuries suffered also have a potential to leave permanent damages.

Motorcycle safety is crucial. However, the possibility of accidents cannot be eliminated. When this happens, it is in your best interest to seek the services of an accident lawyer. The experience and expertise of these lawyers can work for injured parties to help them secure a fair settlement for their personal injury claim.