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Motorcycles might be thrilling to ride, but one negligent driver is all it takes to cause a devastating crash. If you or someone you love was seriously injured while riding, our South Carolina motorcycle accident lawyers can help you bring a claim for damages against all liable parties.
We have the resources, experience, and legal strategies to provide effective representation through every stage of the proceedings. Call 864-585-3873 for a free consultation.
Absolutely yes. If you think there’s even a chance you will bring a claim, you should visit a doctor right away.
Many serious injuries initially present with only minor symptoms. Understandably, victims often don’t seek medical treatment until their injuries worsen. But delaying your medical evaluation is a crucial mistake that could lead to a dispute from the insurance company or liable party.
Below is a more detailed overview of the reasons why you should not delay the medical assessment:
You Have a Duty to Mitigate Damages: Visiting a doctor as soon as possible after sustaining an injury not only will ensure you receive the medical treatment you need, but it could also prevent a dispute over a failure to mitigate damages. If your injury worsens because you took too long to seek medical treatment, the defendant could argue that your own negligence has caused your damages to increase.
Insurance Companies Want to See Documentation: The insurer will want to see official medical records showing the existence of your injuries, their severity, medical treatments, and other elements of your healthcare. Our South Carolina motorcycle accident lawyers may use these records to connect your injuries to the accident and establish causation. And of course, we will also need those records to prove damages.
You Can Connect Your Injuries to the Incident: To win a settlement or verdict, you will need to be able to prove the three core elements of a personal injury claim: liability, causation, and damages. In other words, you not only will need to show that the defendant was negligent and that you sustained injuries, but also that the defendant’s negligence was a proximate cause of the accident that led to your injuries. A prompt diagnosis can help connect your injuries to the accident. If you delay your medical evaluation, the insurance company might challenge your claim by arguing that your injuries were the result of a separate incident.
There are many ways you could inadvertently compromise your personal injury claim. Our South Carolina motorcycle accident attorneys can explain what you should—and shouldn’t—do to give your claim the best odds of success.
Let’s review a few of the most common mistakes personal injury victims make:
Delaying Medical Treatment: As a personal injury claimant, it is your responsibility to take sufficient steps to mitigate damages. Fail to do so, and you may be unable to recover a financial award that accounts for 100 percent of the losses you have incurred. As such, it is important to visit a doctor after sustaining a personal injury. Delaying this medical evaluation could cause your condition to worsen. As previously mentioned, the defendant may argue that these further complications stemmed from your own negligence, and your financial award may be reduced.
Admitting Fault: At first, it may seem like your own actions led to the accident. However, new facts and evidence could come to light showing that another party was partially or entirely responsible for causing the wreck. Hence, it is important to avoid accepting fault at any point prior to consulting with legal counsel even if you believe your own negligence played a role.
Facing the Insurer Alone: Claims adjusters may employ all manner of tactics to devalue your case. It’s not unheard of for these professional negotiators to coerce personal injury claimants into making crucial mistakes such as providing a recorded statement that brings liability into question. As such, it’s unwise to go into these proceedings without a skilled attorney by your side. Our South Carolina motorcycle accident attorneys not only have knowledge of the strategies employed by insurance adjusters, but we can also handle all correspondence with the insurance company.
Posting About Your Injuries on Social Media: During tough times, social media can be a great place to seek support and encouragement. However, if you’re planning to file a claim for a personal injury or your case is pending, anything you post on these platforms could jeopardize your case. For instance, if you post about the accident and inadvertently admit to being distracted, your comments could be used to argue that your own negligence played a role.
In the state of South Carolina, motorcycle accident victims may be able to recover the following compensatory damages:
Under some circumstances, punitive damages are also available.
To prove economic damages—such as medical bills and lost income—be sure to keep any relevant receipts, bills, invoices, and financial documents. As for proving non-economic damages such as pain and suffering, you should start a personal injury journal and write detailed entries about how the injuries are affecting your everyday life. Our lawyers may take other steps to build your claim such as deposing medical, financial, vocational, and accident reconstruction experts.
You won’t have to pay anything to speak with a member of our legal team about your case. For a free consultation, send us a message or dial 864-585-3873.
DISCLAIMER: NONE OF THIS INFORMATION SHOULD BE CONSIDERED AS A DESCRIPTION OR CHARACTERIZATION OF THE QUALITY OF THE FIRM'S REPRESENTATION AND IN NO WAY SHOULD BE INTERPRETED AS A GUARANTEE OF A SPECIFIC RESULT FOR YOUR CASE OR ANY CASE. EVERY CASE IS DIFFERENT AND MUST BE EVALUATED ON ITS OWN MERITS.
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