Motorcycle Injury Lawyer Sacramento | Motorcycle Injury Attorney Sacramento

What is a Motorcycle Injury Case? (Part 2)

After the question of liability is answered, the next step is to determine damages. Damages are the money that can make up for, or compensate for, the injuries that were caused by the negligent conduct. This is where the rubber meets the road in a personal injury case. These are things that can be proven with bills, invoices, and receipts (for example, medical bills, or the costs of prescription medicines.) general damages are less exact and less "touchy feely". For instance, they can include pain and suffering and loss of enjoyment of life, and other categories that are all hard to put rock solid numbers on.

Motorcycle accidents often have large damages because being in an accident on a motorcycle usually results in much more severe injuries. Also, some riders say they never want to ride again. Some say they get scared every time they get on their bike (in legal terms, this can be considered a form of post-traumatic stress). These are types of damages. And in motorcycle cases, the general damages are different than they are in a car accident. There are no guidelines on how to place a value on general damages. Instead, the compensation is based on what damages a jury might find if they heard the case, which is highly subjective and can vary widely from jury to jury. The unfortunate reality is that juries can be biased against motorcyclists. But a good attorney knows how to present his or her client to the jury to overcome many of the biases people have about bike riders.

All damages require evidence. They aren't just going to take your word for it. Usually injuries are documented through medical records a treatment provider creates. Each time you visit a medical provider, he or she will document your medical history (what you say happened to you), your complaints, objective findings (things they can directly observe, like a broken bone), diagnosis, and recommendations. Often they include medical terminology and shorthand. Evidence may also be in places other than medical records such as employment records, school records, and even with friends and family. It takes expertise to know where to look for the best evidence that will document the necessary facts to prove a case.

Properly handling a motorcycle accident case requires a strong understanding of motorcycles and those who ride them. Often times an expert witness called an accident reconstructionist must be hired to help show that the motorcyclist was not at fault. Providing causation can often be a major battle where your doctors have to fight with the insurance company doctors. Winning your case requires being able to read technically complex medical records, knowing what documents are needed to prove what claims, and knowing where to get them, then being able to communicate all of that clearly and effectively to a jury.

The insurance companies are NOT on your side. We know the law, our Sacramento motorcycle lawyers have extensive experience handling motorcycle accident injury cases throughout California. Call The Weinberger Law Firm and we will fight for your rights. Consultation is FREE. Call (916) 357-6767 today for a free consultation regarding your Sacramento motorcycle injury case.