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If you were seriously hurt in a motorcycle wreck, you’re probably wondering how to hold the liable party accountable. Although filing a claim against the at-fault driver won’t restore your health, seeking compensation from them could at least make it easier for you to pick up the pieces in the aftermath.
Of course, before you can actually secure a payout, you’re going to have to convince the insurance adjuster that you did, in fact, suffer recoverable losses. Let’s take a look at the kinds of proof that will most likely help you do so:
Medical records will likely serve as the foundation of your damages claim. You should be prepared to present hospital forms, nursing logs, and diagnostic images, as well as bills from your insurance provider.
Virtually all the health care expenses you incur from the incident are recoverable. This includes the cost of medication, equipment, home care, and any anticipated surgeries that doctors believe you will need down the line.
South Carolina tort law recognizes objectively calculable damages like the costs associated with alternative transportation, property repairs, domestic help, childcare, and reasonably necessary replacement services. Just make sure to save all corresponding documentation, so you can present a compelling case that you incurred them when the time comes.
If you’re unable to work while recovering from the crash, you can include lost wages in your damages claim. You can also seek compensation for lost earning capacity if you’re unable to return to your job period or have difficulties performing job related duties. Like other damages, though, you’re going to have to demonstrate the extent of this missing income.
This generally starts with paystubs and any employment agreements that list the benefits your employer provides. It may also include tax returns and statements from vocational experts or industry specialists who can speak on your career trajectory had you been able to return to the workforce.
Detailed entries from your personal journal can help prove non-economic damages like pain and suffering, diminished quality of life, depression, and anxiety. Personal injury attorneys advise claimants to start writing in a daily journal as soon as possible after getting hurt, so they can log these kinds of losses.
Testimony from those who knew you before the wreck and, consequently, witnessed the change in you after can also support your claim for non-economic damages. As such, your legal team will likely want to interview those closest to you when building your claim.
At Hodge & Langley Law Firm, we’re proud to fight on behalf of those who have been wronged by others. If your life was derailed because someone failed to act with reasonable care, you’ll get the full force of the firm backing your every move in pursuit of compensation. To schedule a free initial consultation with a motorcycle accident lawyer in South Carolina, submit the Contact Form on our website or call 864-585-3873.
Submission of information in this contact form does not establish an attorney-client relationship. In order to establish such a relationship with our firm we require a direct meeting with the attorney.