Harms and Losses
Pain, suffering and emotional distress is a compensable loss, and often times it is more significant than the physical injuries. Nearly every collision causes some sort of emotional response, even if it is only anger, frustration, or anxiety. Surviving a motorcycle accident or bike accident usually results in some sort of internal response when it comes time for the rider to get back in the saddle and back out on the road. Contact our motorcycle accident attorneys or bike accident lawyers to assist you in understanding exactly what kind of help you will need to get past this experience and document your injuries for your claim.
Where the cyclist is the innocent party, the emotional response is heightened. When the cyclist is injured as a result of another’s negligence in a bike accident or motorcycle crash, emotional responses can vary from simple frustration to post-traumatic stress and depression. This is why the law recognizes pain and suffering, or non-economic damages, as compensable injuries.
When you are injured by a car driver’s negligence, the negligent party or its insurance company is supposed to fully compensate you or “make you whole.” Contact our motorcycle accident attorneys to learn about what the insurance companys don’t want you to know. Do not contact the insurance company prior to calling our bike or motorcycle accident lawyers. The adjuster may seem nice but they are not there to help you. The represent the interests of ONLY the insurance company.
Although money cannot erase the pain and suffering that you deal with following an accident, the negligent party should compensate you for the pain and suffering you endured as a result of their negligence. The collision changed your life, even if only temporarily. Replacing your motorcycle or bike is not sufficient, if you are now too anxious to ride it.
The second step is to contact an experienced bicycle accident attorney, motorcycle accident attorney, or scooter accident attorney.
DO NOT speak to an insurance company representative without contacting an attorney.
DO NOT attempt to settle your claim without speaking with an attorney first, even if your injury is minor.
DO NOT sign a release until you have talked to an attorney.
If you are attempting to handle your claim without an attorney, please see our “HANDLING THE INSURANCE COMPANY” page.
Whether you retain a bicycle or motorcycle attorney or decide to handle the claim on your own, it is important to establish and maintain documentary records of your injury and loss. Gather and account for any and all out of pocket expenses. Obvious ones are bicycle and motorcycle repair bills and medical expenses. Others include parking for doctor visits, gas, medical supplies, or any other expense that is necessitated by the accident. If you had to take days off work, your days lost from work are compensable, even if your job paid you with sick leave.
If you are injured, start a journal and chronicle your injury. Write down the amount of pain you feel (1-10) and how the injury affects the activities of your daily life.
When you go to the doctor, provide the doctor with a full description of your injuries, no matter how minor. When describing your injuries to the doctor, start with your head and go to your toes to make sure you have fully described all your symptoms.
Often times doctor’s visits are rushed and charts are not well documented, so make sure the health care provider is adequately documenting your injury.
The insurance company and defense attorneys will be relying on your medical records when they evaluate your injury. The more documented your injuries are, the better.