- Richard L. Duquette
How to Prove Your Bicycle Injury Case
Tips to protect your accident rights:
If you are injured in an accident below is a list of tips to assist you in protecting your rights and also understanding the insurance claim process.
Obtain photographs from your surgeon, which can later be used to explain your injury, i.e. arthroscopy surgery photos of a screw in your knee to hold down the torn meniscus or copies of your x-rays that show hardware in your body. Demonstrative videos of surgery help to explain to the insurance adjuster or jury your exact injury.
Photograph yourself at work, rehabilitating yourself, at physical therapy and at the weight machines to show that you are motivated to get better and how you plan to accomplish that goal. They show that you are attempting to improve and that future medical care is necessary. This is why and how investment in your future care is justified.
Demand Loss of Use dollars for the time that you were without the use of your bicycle. By analogy, when we lose our car, you’ve lost the use of that property and are entitled to Loss of Use compensation for the equivalent rent-a-car. The same holds true for a bicycle. To rent a bicycle, if you are able to ride, should be paid. A Loss of Use claim for your bicycle will hopefully motivate the insurance company to promptly settle your property damage.
Have a focus group (through your attorney) evaluate a reasonable value for your case. This is a good way along with the jury verdicts and your lawyer’s experience to establish a value. What will people in the community say is reasonable? Ultimately, a jury will do the same thing. This will give you a ballpark figure.
When negotiating with an insurance company, negotiate in turn.Wait. Don’t bid against yourself. Provide the insurance adjuster with internet medical legal research on the long-term effect of your injuries, i.e. arthritis, soft tissue healing, remodeling and repairing stages, take time. Don’t be pressured. Always document and photocopy information sent to an insurance adjuster. Never sign a release of medical or employment records no matter what the adjuster says. Remember, insurance adjusters are professional negotiators and they often attempt to settle for the lowest possible dollar amount. Some even discourage people from using the professional services of a lawyer or medical doctor. Don’t fall for that propaganda and unfair business tactic!
Claims adjusters know if they can keep you negotiating, there is a high probability they’ll settle your case in favor of the insurance company. Don’t’ let them negotiate you beyond the applicable Statute of Limitations so you forever loose your rights. Consult with a qualified jury trial attorney with successful verdicts in order to protect your rights.