Hello, I'm Karla Mitchell. Going through a legal case can be very expensive and challenging. I won't go into details, but I recently underwent my own legal battle that lasted several years. It is finally over and I successfully received a settlement, but I had to spend so much time studying law in order to play my role in my own court case. While I found a great attorney at one point, I felt completely lost initially and I don't want anyone else to experience the same thing. So I decided to create this blog for those who would like to know more about law.
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If you have been in a motorcycle accident, then you may be able to secure a settlement from the driver of the car, truck, or other vehicle that caused your accident. In many states, motorcycle accidents are often caused by other drivers. You may not necessarily need a motorcycle accident attorney to receive compensation for medical bills, pain, and suffering. Lawyers are extremely helpful though, if negotiations with insurance companies do not end in a fair settlement. You can hire an attorney at any time after a motorcycle accident occurs. If you want to start the claims process on your own first, then make sure that you do not make the most common mistakes.
Mistake #1 - Providing a Recorded Statement
Many insurance companies will ask individuals to provide a recorded verbal statement after a motorcycle accident. The insurance company may claim that the statement is required to start the claims process. This is generally not true and a verbal statement can be damaging to your case.
Most people do not function well under pressure. When you are nervous or worried, then the brain can spend a great deal of time focusing on your emotional stress. This can reduce your ability to recall memories and form concise thoughts. You may then sound unsure or you may not provide vital details of the accident.
Unfortunately, a recorded statement becomes part of the official accident record that is filed with your claim. The recording can be used to show that you are confused about the accident.
Create a Written Statement Instead
If you are pressured to provide a recorded statement to the insurance company handling your motorcycle accident claim, offer to give a written statement instead. Think about the accident carefully and create a fact based summary of the incident. The insurance company may have questions for you once the statement is received. Indicate that all questions can be sent to you in writing. You can then add to your written statement or send answers to the questions through the mail again.
If you decide to send the insurance company a written statement, make sure that documents are sent as certified mail. The insurance company will need to sign for the document when it is received. This way you have proof that the statement was both sent and received.
Mistake #2 - Providing Incomplete Medical Records
If you are involved in a serious motorcycle accident, then you may have extensive injuries. These injuries are well documented by medical staff at hospitals and urgent care centers. If these injuries are severe enough, then you may think that hospital records or initial physician assessments are enough to secure an insurance claim. These documents can be utilized alone to start the injury claim process, but they are not sufficient enough to secure a fair settlement.
Most serious injuries leave individuals with disabilities or pain conditions for an extended period of time. Also, injuries like ones that occur to the back can take a week or more to show up. Once the injury is apparent, pain can worsen over the course of months,and injured spinal discs and vertebrate can deteriorate over time. Scar tissue that forms after an injury can cause joint, bone, and muscle problems in the future as well.
Wait to Supply Medical Documentation
Instead of supplying medical records immediately, wait to gather all of your paperwork and file all of it with the insurance company. Make sure to ask your doctor to complete a physical and ask for x-rays, MRI's, and CT scans to be completed. Ask your doctor to provide a statement that details the injuries sustained during the motorcycle accident. Also, ask if the physician will provide evidence of possible future issues and complications that may stem from the initial injuries. Information about pain levels and permanent disabilities are needed as well. Physical therapy, surgery, and medication information should be included too.
Once you have collected medical evidence, consider meeting with a psychologist as well. This individual can provide documents that state that you have suffered emotional or psychological distress from the accident. These types of injuries can increase settlement amounts.
Motorcycle accidents can cause serious injuries, and you may be compensated for the trauma. It may be wise to start the accident claims process on your own. Just make sure not to make the mistakes listed above, and contact an attorney if an insurance company is unwilling to provide you with a fair settlement.
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