June 23, 2017

3 ways solicitors help you gather evidence in a motorcycle accident claim

I am currently bringing compensation claims for a number of injured motorcyclists. As an example, recently I have been spending a lot of time working on a case for an experienced motorcyclist who was injured in a serious road traffic collision in Bristol last year.

Work quickly to determine liability

When identifying and proving which party is at fault, some cases are more straightforward than others. In cases where both parties put forward a different version of events, or where there is a liability point taken by the other side in a filtering case for example, the evidence can be crucial; acting promptly after an accident is therefore often very beneficial.

We support our clients and we are very experienced in dealing with those matters that are likely to be of most importance to them following an accident. In addition to the practical support we can offer to minimise the accident’s day-to-day impact, we pay particular attention to liability evidence (to establish fault) and quantum evidence (to help us value the claim).

Offer support at a difficult time

Often, our clients are concerned that they will be asked to fund the costs of obtaining expert evidence, that they will be limited to one expert opinion, or that expert reports will be based solely on documentary evidence rather than detailed discussion and examination.

We don’t expect our client to meet the costs of their expert reports as the claim progresses. We keep a record of these costs and reclaim them from our opponents at the successful conclusion of the case. On some cases, these costs can really mount up as we go into a great deal of depth investigating cases with our chosen experts.

One of our primary roles is to relieve our clients of as many of their concerns as possible. We create a team around them so there is as much support on hand as possible. This can come in the form of a case manager, treating rehab team, regular interim payments, or benefits advice to supplement the medico-legal evidence.

Seek expert advice

Depending on the nature and severity of the injury, as mentioned above we often obtain expert medical evidence to support the claim and establish the injuries caused by the accident.

We normally gather the relevant records before obtaining quantum evidence from specialists in the fields of:

  • orthopaedics
  • psychiatry
  • restorative dentistry
  • maxillofacial surgery
  • pain medicine
  • neurology
  • urologists
  • plastic surgeons
  • accommodation
  • rehabilitation; and
  • care

At the same time as gathering evidence relating to the injuries our clients have suffered and assisting on a day to day basis, we also consider:

  • Accident reconstruction evidence
  • Police reports
  • Site inspections / visiting the scene
  • Witness evidence and taking statements; and
  • Reviewing the notes of and interviewing police, ambulance crew etc.

In my personal experience, having settled a number of compensation claims for motorcycling clients, I am also well versed in arguments over liability (especially filtering, visibility and vulnerability) as well as the common medical issues that occur during motorbike accidents.

By the time you read my next post, I’m sure that I will be able to produce a case study for our latest successful case.

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