Legal Question in Personal Injury in California

Re: Motorcycle Accident - Don't know what to expect

You ask a question for which there is no easy answer. I would not trust the

validity of the advice of someone who would give me a "formula" answer, or

who would give me a settlement target without complete understanding of the

many disparate factors which establish a "value" of a claim. Since I would

not trust such advice, I will not ask you to trust such advice from me, nor

will I give it to you.

There is an art to setting a value of a claim which works hand in hand with

the "science" of understanding the law, medical issues, and psychology. I

will set out some of the "science" issues you need to consider ... I cannot

transfer my art through this medium.

Under California law, for a bodily injury claim you can recover the

reasonable value of the cost of medical care which was made necessary for

your injuries, the reasonable value of the time during which you were unable

to work (now and/or into the future) [kind of a "loss of use of your body"]

because of the injuries you suffered, other reasonable expenses incurred to

care for your injuries [nursing, etc.], and general damages [including pain

and suffering, disfigurement, emotional distress, etc.].

The art of negotiation of personal injury claims depends heavily on an

appreciation of the likely jury outcome of the particular claim. That

requires an evaluation of the accident, the amount of the medical bills, the

nature and the extent of the injury, the ongoing disability, the trust and

belief a jury might have in the plaintiff, the distrust or dislike the jury

might have for the defendant, and many other factors which might come into

play.

I don't think you're in a place where you know enough about the effects of

the accident to try and negotiate a fair settlement. I don't know when that

time will come - you and your doctor will know when your condition is

permanent and stationary and when you will know enough to predict what the

future holds for you.

I think you owe it to yourself to seriously consider hiring a professional

to represent you in pursuing your claim against the other driver - in that

way, you can focus on getting better and on moving on in your life, and you

can establish a relationship with a professional who will worry about

obtaining a fair recovery for you. My firm has repesented thousands of

motorists in auto accident cases - many of these motorists have been bikers.

John Bisnar, Senior Partner, Bisnar & Chase, Personal Injury Attorneys & Counselors at Law, www.bestattorney.com, www.aboutdogbites.com, www.seatbeltlaw.com, 800-956-0123

Re: Motorcycle Accident - Don't know what to expect

Lost wages, lost earning capacity, medical bills, future medical costs, and, pain and suffering are awardable. You need to obtain representation immediately so as to have the reserves set at the highest possible level. Moreover, don't talk to the adjuster!!! Everything you say will be used to minimize your claim or skirt liability. The insurance companies have attorneys to protect thier rights, why don't you? Please contact me dirctly at (619) 222-3504.

Re: Motorcycle Accident - Don't know what to expect

That is an evaluation that is made after you complete treatment and know your exact condition.