To maximize the value for your injuries and damages in a motorcycle accident you should follow doctor’s orders, file a claim promptly, consult a legal expert, and prepare yourself for a lawsuit.
You may also want to establish liability, provide evidence of fault and case value, and document all expenses and losses. Expert testimony, eyewitnesses, and police reports can substantiate the total value of your damages.
How to Get the Maximum Amount for Your Damages
Although it is impossible to estimate the value of your case, here’s what you can do to to protect the value of your potential settlement:
Never Admit Fault for Your Injuries
Even if you are partially responsible for your injuries in a motorcycle accident, you should never admit fault until you and your representatives conducted a comprehensive investigation.
Additionally, you should minimize contact with all parties including the at-fault party, any insurance companies, or witnesses. In a motorcycle accident case, anything you say may be used against you. Limit your conversation to you and your attorney.
Follow Your Doctor’s Orders
As you recover from your accident, you may receive treatment from a wide range of physicians and medical specialists. Therefore, if they prescribe medication, therapy, rest, or other type of treatment, you should follow their medical instructions.
Failing to do so may affect the validity of your claim.
Do Not Wait to File a Claim
By Texas law, there is a two-year statute of limitations on motorcycle cases under Texas Civil Practice and Remedies Code, Title 2 § 16.033.
You don’t have to wait until the two-year deadline, however, to file a claim. The longer you wait, the less value you may be able to recover.
Establish Fault and Liability for Your Accident
To be successful with your case, you must establish who is at fault for the accident and show how the accident led to your injuries. You will need to gather evidence such as police reports, eyewitness accounts, video footage or photos, and medical records.
Once you provide clear evidence and establish the other party was at fault, you can submit all documents to the at-fault party’s insurance company and negotiate a settlement.
You should document all interaction with all parties involved in your case including:
- Medical bills, receipts, and reports
- Police reports
- The at-fault party’s contact information
- Insurance records and correspondence
- Conversations with all parties
- Symptoms related to your injuries
Reject an Unfair Settlement
If you feel the offer from the at-fault party’s insurance company will not cover your damages, then do not accept the offer.
What Your Motorcycle Case is Worth
You may have incurred a range of losses after the accident such as medical expenses, pain and suffering, lost wages, lost wages, and non-economic damages.
Factors that may determine what your case is worth include:
You may have sustained multiple injuries in your motorcycle accident. This includes head trauma, broken bones, lacerations, spinal injuries, and other severe injuries. The extent and severity of your injuries will affect your case.
Medical expenses may include emergency care, time in the ICU, surgical procedures, doctor’s visits, rehabilitation, prescriptions, or mobility aids. These costs may be recoverable in your claim.
You may lose wages during your recovery period. Long-term disability may diminish your future earning capacity. You may also lose benefits such as health insurance or benefits. Lost wages may be part of your recoverable damages.
In addition to economic damages, you may be eligible to claim non-economic damages such as physical pain and suffering, emotional turmoil, loss of joy, loss consortium, or sub-standard living.
Obtaining Legal Assistance From an Attorney
A motorcycle accident attorney in Texas can handle your case and assist you with all legal matters. A lawyer may be able to help you in the following ways:
- Establish liability and fault
- Contact insurance companies, legal experts, and medical experts
- Handle all documents and paperwork
- Help you estimate the potential value of your case
- File a claim or lawsuit to recover your damages
- Answer your questions and guide you through litigation
Hire a Motorcycle Accident Attorney in Texas
offers legal assistance for victims of motorcycle accidents in Texas. Our law firm may be able to help you file a claim against the driver and pursue recovery for your injuries and financial losses.
To find out more about our legal service, call us for a free case review at 713-850-8600.