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How To File a Personal Injury Claim

Walner Law®
Walner Law®

August 4, 2023


When you’re involved in a motorcycle accident and need to file a personal injury claim, you may have a lot of questions. This can be a trying time for many motorcyclists. In your claim, you may have damages to the bike and yourself making this both a physically and mentally draining time. When you have questions about your motorcycle accident lawsuit, look no further than our law firm to have your legal questions answered. Keep reading to learn all you need to know about filing a personal injury claim for your motorcycle accident.

What Is a Personal Injury Claim?

A motorcyclist riding down the street.

A personal injury claim refers to the legal process of seeking compensation for physical or psychological damages suffered as a result of someone else’s negligence or intentional harm.

To file a personal injury claim, the injured party, also known as the plaintiff, must be able to prove that the other party, the defendant, is responsible for causing their injuries. To prove fault, you’ll need to demonstrate that the defendant breached their duty of care toward you as the plaintiff, resulting in harm. The duty of care is a legal obligation that individuals or entities owe to others to act in a way that doesn’t cause injury.

If the court establishes that the defendant is liable for the injuries, you can seek compensation for various damages, including but not limited to medical expenses, lost wages, pain and suffering, emotional distress, or property damage. The amount of compensation awarded will typically depend on the severity of the injuries, the impact on your life, and the extent of the defendant’s negligence or fault.

Personal injury claims can be complex and time-consuming, involving gathering evidence, negotiating with insurance companies, and potentially going to court. It’s best for individuals pursuing a motorcycle accident lawsuit to seek the assistance of an experienced personal injury lawyer who specializes in this area of law. A skilled attorney can guide you through the legal process, protect your rights, and help you obtain the fair compensation you deserve.

How To File a Personal Injury Claim

If you’ve been injured in an accident caused by someone else’s negligence, you may be entitled to file a personal injury claim. Navigating the process of filing a personal injury claim can be complex and overwhelming, so it’s crucial to understand the steps involved.

The first step in filing a personal injury claim is to gather all the necessary documentation and evidence related to your case. This includes medical records, police reports, photographs of the accident scene, witness statements, and any other relevant information that supports your claim. It’s also essential to keep track of all your medical expenses, lost wages, and other financial losses incurred due to the injury.

Once you’ve gathered the necessary evidence, the next step is to consult with a personal injury attorney. An experienced attorney can guide you through the motorcycle accident lawsuit, assess the strength of your claim, and estimate the potential compensation you may be entitled to receive. They can then help you draft a demand letter, which outlines your case and the amount of compensation you’re seeking.

If the other party or their insurance company is willing to negotiate a settlement, your attorney will handle the negotiation on your behalf. However, if a fair settlement cannot be reached, your attorney may advise you to file a lawsuit. This initiates a formal legal process, which can involve various stages, such as discovery, settlement conferences, and, if necessary, a trial.

Common Injuries Caused by Motorcycle Accidents

A person sitting on their motorcycle overlooking the valley.

Motorcycle accidents can have devastating consequences, often resulting in severe injuries that can have long-lasting physical, emotional, and financial effects. Understanding the common injuries that occur in motorcycle accidents is imperative for both riders and drivers on the road.

One of the most common injuries resulting from a motorcycle accident is road rash. When a rider is thrown from their motorcycle, their unprotected skin can come into direct contact with the pavement, resulting in painful abrasions and scrapes. Depending on the severity of the accident, road rash can range from mild to severe, sometimes requiring surgical treatment and leaving permanent scars.

Another frequently occurring injury in motorcycle accidents is broken bones. The impact of a collision or being thrown from the bike can result in fractures in various parts of the body. The most susceptible bones to breakage are the arms, legs, and collarbone. Breaks can range from simple fractures where the bone breaks but does not pierce the skin, to compound fractures where the bone punctures through the skin. Treatment for broken bones typically involves immobilization with casts or splints, and in some cases, surgery may be necessary to realign and stabilize the fractured bone.

Head injuries are a serious concern in a motorcycle accident lawsuit, often leading to fatalities or severe long-term consequences. Even when wearing a helmet, riders are at risk of sustaining traumatic brain injuries if they strike their head on the ground or any other objects during the accident. Helmets can greatly reduce the risk and severity of head injuries, but it’s critical to remember that helmets don’t guarantee complete protection. Traumatic brain injuries can result in cognitive impairments, memory loss, mood disorders, and even permanent brain damage.

File Your Claim Today

At Walner Law, we understand the physical and mental distress that a personal injury case can cause. We pride ourselves in our ability to guide you through the process of your personal injury claim and get you the compensation you deserve. You can rest well knowing you have an experienced lawyer by your side. Call us today for a free consultation.

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