There are 2 parts to every claim for damages.
Firstly, liability or who is to blame for the accident and secondly, the quantum of the damages or how much compensation ought to be awarded.
Once the Insurance company has accepted that its insured is responsible for the accident or at fault, we can then look at the damages a motorcycle rider can be compensated for.
Several factors are considered when determining the value of your injury claim. It is not unreasonable to want to know the value of your claim soon after your accident as thoughts of mounting medical bills and justice are often on your mind. Motorcycle riders are more exposed and accidents often can cause serious injuries and frequently require time off work. Unfortunately, it is not possible to accurately assess the value of the claim until all the information is made available. It is not a quick process and claimants who settle too early often lose thousands of dollars and regret it later.
It is not recommended that your claim is settled until the medical opinion is that your injuries are stabilised. This allows for the full extent of your injuries to be known.
In most cases, you should be able to claim compensation for the following losses:
- The Past and future pain and suffering and loss of enjoyment of life. This includes disfigurement or scarring.
- Loss of past and future earnings or the capacity to earn income in the past or future. This includes your loss of income due to missed work or loss of sick leave. If you are self- employed tax records from previous years are used as a guide to calculate losses.
- The cost of retraining for a future career or occupation if you can no longer perform your previous duties
- The Past and future medical expenses. This includes the cost of your medical bills and medications such as pain killers. This may also include future medical expenses and surgery costs and future medications if medical opinion indicates the necessity for it.
- Past voluntary or paid assistance such as for home assistance, personal or nursing assistance, home maintenance etc.
- Future assistance or services similar to those in the past
- Home modifications and aids in the past and future
This list is not extensive and you ought to consult a specialist injury lawyer to advise you on your specific circumstances as no two individuals and their claims are alike. Don’t accept a settlement offer until you have spoken to a lawyer. At Kakulas Legal Injury Lawyers we do not charge you a cent unless we obtain you more than your offer (we are so confident we will). Even when a specialist injury lawyer is engaged most cases settle without going to trial before a judge.
Kakulas Legal Injury Lawyers focus on representing accident and injury victims. We are dedicated to helping clients gain the maximum amount of compensation and navigate the personal injury claim process. If you or a loved one has been injured in an accident and has made a claim, contact our office on (08) 9325 4799 or 0405 126 732 A/H to schedule a FREE CONSULTATION and learn more about the claim process. There is no pressure and you will be receiving expert advice from expert senior injury lawyers of who have practised in personal injury law for up to 30 years. We have a proven track record of care, compassion and excellent compensation payments for injured riders and their loved ones.