Any road traffic accident can be an incredibly traumatic and sometimes even devastating occurrence but this is even more so when it comes to traffic accidents involving motorbikes. A motorbike rider is far less protected from danger than a car driver and, sadly, far more likely to suffer serious injury or even death as a result of an accident on the road.
When a motorbike rider is involved in an accident which results in injury or even the death of the rider and the accident was the fault of someone else then, depending on the circumstances of the accident, the bike rider or the rider’s family are entitled to put in a claim for compensation.
Whilst it goes without saying that compensation can in no way make up for the pain and suffering endured as a result of the injuries sustained or for the death of a loved one it may help to make the victim’s life a little more comfortable and pay for any treatment or specialist equipment they may require or help alleviate any debts and financial problems for family members left behind.
Putting a price on an accident or fatality is never an easy task for a judge and the whole claims process can be a particularly difficult process for the victim or the victim’s family, often bringing up unwanted and painful memories, but every victim or their family is entitled to put in a claim for what is rightfully theirs and instructing a professional personal injury lawyer will certainly help the process to run a lot smoother and quicker.
These days the fear of financial loss has been eliminated when an accident victim wishes to make a claim for compensation due to the introduction of the no win no fee system which was brought in to replace legal aid in the nineties. The no win no fee system provides an element of financial protection even if the case is not successful as the claimant’s insurance policy will cover all legal costs incurred by the defendant and their solicitor will not make any charge for their legal services. Should the claim be successful, as in the majority of cases, then the defendant will quite literally be responsible for all court/legal costs incurred by both parties as well as the compensation award.
Naturally a case will need to have strength in order to be successful and a good personal injury lawyer will spend a great deal of time collecting as much evidence relating to the accident as possible. This evidence will include photographic proof of the accident which will more often than not be obtainable from the police, especially if the accident was of a particularly serious nature or resulted in a fatality.
If the accident did not result in a fatality then the lawyer will also need access to any medical reports available documenting the extent of the claimant’s/victim’s injuries, how they were sustained, how they were treated and whether those injuries are likely to have any long term affects.
Any financial loss will also be taken into account including loss of earnings for the victim as a result of the injuries sustained or loss of an income for the victim’s family if the accident was fatal.
Damage to personal property will also be added into the equation which will obviously include the damage sustained to the victim’s/claimant’s motorbike and any other personal belongings which may have been damaged or broken as a result of the accident.
Expenses such as fuel costs or taxi charges to and from the hospital are also accounted for when calculating the award as too are any charges for prescriptions for medication or treatment and other expenses such as private home care, home help and even child care if the victim is unable to care for their children as a result of their injuries.
The lawyer will also need to know about the impact the accident has had on the victim or the victim’s family and this will include aspects such as how the injuries sustained have changed the victim’s day to day life and the adjustments or sacrifices they have had to make as a result of the accident and subsequent injuries.
Once the lawyer has all the information they need they can then begin to compile the case. When the case has been put together the lawyer will send the case to the court and a hearing date will then be set.