Filing a compensation claim is commonly the instant recourse of the victims who have been involved in a motorcycle accident, and this seems to be the initial word on their legal vocabulary. But this is just the first step and before the end comes, the claimant still has a lot to suffer aside from his physical pain or agony – it’s the complicated litigation that makes the entire process worst. It’s just like an aggravating circumstance which the victim should likewise overcome before the victorious verdict can be given.
But how? This is the prime concern in every personal injury case in which money is the most valuable thing that is at stake. It’s the shout for justice supposedly, but then no one can ever blame a victim whose entire life has almost been changed by a single traumatic event. The compensation in such case is one hope that drives the victims to recover what they have lost, and use it to live a new life amidst the tides of time. Nevertheless, if you’re a claimant who wants to ensure that everything will fall into their proper places after your accident, here are the following ways that you should consider:
Hire the Right Attorney – immediately after you have been brought to the hospital due to serious physical injury, you should hire a personal injury attorney who is the right one to settle your case. You should ask your counsel about the amicable steps which you might possibly take to negotiate with the offender or file the claim in court depending on the circumstance of your case.
Gather Evidences – it’s your help and cooperation with your lawyer that can bring you to the glory of success in your case. Your lawyer, for certain, needs relevant documentary and physical evidences, and testimonies from eyewitnesses so he can properly pursue your claim in court and evaluate the status or value of your personal injury claim. The reason why your simple assistance and cooperation really matters to increase the possibility of winning your claim.
Settle with the Offender or File Your Claim in Court – some minor cases don’t actually require complicated litigation by the court, and the compensation is just settled by the parties with the presence of a counsel. Thus, this is one option which your lawyer might advice if he finds it appropriate considering the circumstances involved in your case. However, if you have incurred a serious injury which you believe can hardly be settled in a bare negotiation, then you really have to file the claim in court for the proper disposition of the matter.
Prove the Offender’s Negligence and his Civil Liability – if you have already filed the claim in court, then it’s really your burden to prove the guilt of the offender and his liability for your injury. How? In civil case, it’s the preponderance or weight of the evidence that matters or can convince the juries to grant your prayer. But note that in some cases, the judgment of the court in criminal case is a factor in the civil one; thus, you should really prove the negligence or fault of the offender to be confident about the outcome of your case.
It’s really not easy to win a case like that of a personal injury claim, but if you are properly guided with the safe and efficient legal steps to do, nothing will complicate your fight for justice and in winning your motorcycle accident case!
About the Author:
Atty. Emery Brett Ledger is a nationally recognized Personal Injury Lawyer and the founder of The Law Offices of Ledger & Associates, one of California’s Leading Injury & Wrongful Death Law Firms. Atty. Emery Brett Ledger and his team are always ready to provide legal services to the victims of personal injuries such as truck accidents, aviation accidents, car accidents, motorcycle accidents, train accidents, construction accidents and fatal accidents.