6 Questions Bellevue Motorcycle Accident Victims Should Answer Before Filing a Personal Injury Claim
A motorcycle accident is a very serious and often painful event. While the accident can unfold in a matter of seconds, recovering from the event can take months or even years of time. Attaining appropriate financial compensation for the accident is one of the many ways to provide for an accelerated recovery.
To know if you qualify for a personal injury claim, there are a few specific questions that need to be addressed first. Your answers to these questions will determine whether or not pursuing a personal injury claim would be worthwhile. If you are qualified, the next step will be to locate an experienced and successful motorcycle accident lawyer that can process your claim.
1. Were You At Fault?
If you were at fault for the accident, you will probably not have legal grounds for your claim. Without legal grounds, your case will be unsuccessful and your personal injury claim denied.
However, if you were not at fault in the motorcycle accident, this drastically increases your chances of receiving compensation. Your personal injury lawyers will most likely be able to file a personal injury claim that will compensate you for medical expenses incurred during your recovery, as well as other personal losses.
2. Has Your Claim Already Been Settled?
If your claim has already been settled, then there is a very slim chance that you will be permitted to file another personal injury claim. Many people are pushed by their insurance company to settle their claims too soon and are left without the full compensation available through a personal injury claim. Once the case has been settled, it is unlikely that it will be reopened.
3. Did You Sustain Injuries From the Accident?
If you did not sustain any injuries and are not in any pain, then there is no basis for a personal injury claim. If you do not require ongoing medical treatment to address the injuries following the motorcycle accident, then pursuing a personal injury claim isn’t your best option.
However, if you have sustained injuries, you are generally asked to rate your pain on a scale of 1-10. If your average level of discomfort is greater than a rating of 3 (before taking pain medication), then it is likely that you will require medical treatment, and a personal injury claim is justified in your case.
Also, do take note that it’s important to be clear as to the kind of pain you are experiencing. Use words that accurately describe your pain, like burning, stabbing, aching, etc. This will make sure that your injuries are fully understood by the doctors and documented in their chart notes correctly. So, be intentional about accurately describing your injuries and the pain you are experiencing, especially when communicating with a health professional following the accident.
4. Have You Seen A Doctor Since the Accident?
It is vital for the success of your personal injury claim that you have seen a doctor shortly after your motorcycle accident. Even a trip to the emergency qualifies as an initial visit, but it is crucial that you continue to receive the treatment that you need in order to recover.
The reason for this is that, if the time span between your accident and initial treatment is large, it will be difficult to prove that your injuries were actually sustained during the accident. If victims pursue a personal injury claim 6 months or more after the accident, it can be much, much harder for your motorcycle accident lawyer to support your claim.
5. Has a Report of the Accident Been Filed?
If the police were called to the scene of the motorcycle accident, then the officer in charge is responsible to file a report of the event.
If the police were not called to the scene of the accident, the individuals involved are then responsible to collect information and file this report. For a personal injury claim to be filed, there must be a report of the accident on file.
For motorcycle accidents that have occurred recently, it is possible to get the assistance of a personal injury lawyer in filing the report, so long as you have the party’s insurance information or license plate number.
6. Do you or the at-fault driver have car insurance?
In order to successfully file a claim, at least one party involved in the accident must have insurance. Even though you may not be at fault for the accident, your insurance company may be responsible for dealing with the other party’s insurance company, monitoring transactions, and paying medical bills. If you don’t have insurance, you can still pursue a personal injury claim, so long as the at-fault driver has insurance.
If you have answered each of the above questions and found that you qualify for a personal injury claim, your next step is to locate a reliable and successful personal injury lawyer. There are certain qualifications for personal injury lawyers that set some attorneys apart as stellar individuals, capable of handling your case. Dax Jones, our lead attorney at The Jones Firm, is a qualified motorcycle accident lawyer trained in handling auto cases in a way that protects the client’s interests.
For more information about personal injury claims, or to schedule a free consultation with Dax Jones, don’t hesitate to give us a call or fill out our contact form. We would love to answer your questions and get you started on the path toward recovery.