Motorcycle accidents are often devastating. In addition to the likelihood of causing catastrophic head, brain, and spinal cord medical complications, serious crashes can also irritate old injuries, resulting in new or worsened pain from past physical trauma.
Although injured motorcyclists can seek damages if their accidents were caused by a motorist or a company's negligence, actually obtaining compensation for an aggravated prior injury can be challenging. Insurance companies and defense attorneys will invariably claim the pain a victim experiences is the result of a past injury, rather than the motorcycle crash.
Fortunately, there are many things an injured rider can do to help their attorney refute this narrative, including:
- Seek immediate medical attention. Motorcyclists should make sure to let the treating physician know that they were in a bike crash, so their injuries can be documented as such. These medical records are particularly valuable evidence when proving a person's previous medical issue worsened as a result of a crash.
- Follow the doctor's orders. When it comes to proving that prior injuries were aggravated by a crash, going to the doctor once or twice just won't cut it. It's important for motorcyclists to attend all follow-up appointments with their doctor and diligently follow their instructions for treatment.
- Be honest with legal counsel. There's no question that any past injuries might affect the current case. The last thing an attorney wants is to be surprised with information that could damage their client's efforts. Keeping past injuries hidden won't make a settlement more likely and may cast doubt on the motorcyclist's credibility.
- Keep a journal. It may detail how the worsened condition affects life, jobs, relationships, self-esteem, etc. This type of journal can serve as powerful evidence.
Let Us Help You Pursue Damages
If a motorcycle accident caused by someone else aggravated an old injury, the knowledgeable personal injury attorneys with Van Sant Law can help you gather and present the evidence necessary to prove your claims and make a fair financial recovery. Contact us today to schedule an appointment for a free consultation.