Personal Injury Claims for Motorcycle Wrecks
First and foremost, realize that an injury claim STARTS ON THE DAY OF THE ACCIDENT AND DOES NOT FINISH UNTIL YOU ARE FULLY HEALED. In other words, YOU ARE BUILDING YOUR PERSONAL INJURY FROM A MOTORCYCLE WRECK CLAIM FROM THE MOMENT THE ACCIDENT HAPPENS! But maybe you are saying you don’t want to pursue a personal injury claim. It really does not matter. The process is the same whether you choose to recover on a personal injury claim or not. The point being that if you were injured in a motorcycle wreck and you are being smart about your legal rights, you understand that you are preparing your legal case, i.e. your personal injury claim, from the moment the motorcycle accident happens. Typically, an injured motorcycle rider suffers severe injuries, due to the lack of protection from the motorcycle, and high medical bills. So the smart motorcyclist, or his injured passenger, understands that he has to prepare for the possibility of a lawsuit from day one! For a motorcyclist to recover the full value of a personal injury claim, there has to be adequate insurance coverage on the at-fault driver. (What is adequate insurance coverage depends upon the extent of the injuries. The problem being that there is no guarantee, according to the law that applies to car accidents, that the other driver has enough insurance to cover your medical bills or your personal injury claim.). Similarly, the more insurance limit that applies to a car accident, the more an insurance company has to potentially payout to settle an injury claim and the harder they will fight you in Court. As a result, the smart motorcycle rider understands that what he says at the accident scene, whether he is transported by EMS to the hospital and whether he seeks regular treatment for his injuries, all affect the value of his personal injury claim. The way the legal system works is that the value of your personal injury claim depends almost entirely upon the information contained in your medical records. As a result, if you don’t seek medical treatment within the first few weeks following a motorcycle accident, it looks like you were not hurting for those weeks! So if you are not hurting and don’t need regular treatment, great! However, if you are experiencing pain and ongoing personal injuries from your motorcycle wreck, you need to document those problems by allowing a licensed medical professional to treat your injuries and assist you with the healing process.
From a purely legal standpoint, you have time to resolve your personal injury claim before you are required to file a personal injury lawsuit. However, from a practical standpoint, your case lives and dies on the content of your medical records. Please note that I am not telling you to seek medical treatment when you don’t need it. I am telling you to seek medical treatment if you need it and don’t wait weeks thinking that the injuries will resolve by themselves. One of the most difficult personal injury claims is where a client does not seek treatment for the first four weeks after a motorcycle wreck. In this scenario, I have the additional burden of showing that injury being claimed, as part of your claim for pain and suffering, were caused by this motor vehicle accident and no other accident. If you are in fact hurting from a personal injury from a motorcycle wreck, get the medical treatment you need as a further delay only hinders the prosecution of your personal injury claim. Let an experienced injury attorney worry about the Statute of Limitations and how to comply with it.