A good helmet can make the difference between walking away from a motorcycle accident with relatively few injuries and sustaining major injuries. In addition to protective clothing, a good helmet is all that separates you from the road. And in many jurisdictions, its use by a motorcycle rider is mandated by law.
The two basic areas of examination in evaluating any personal injury accident case are liability and damages. Depending on the circumstances of a motorcycle accident case, one or both of these areas may be complicated.
You have been injured and it looks like you have a strong case on liability. As you work with your attorney toward resolution of your personal injury claim, once liability is established, you must determine a value for your claim as well, so that you can move toward settlement or another resolution mechanism.
Accidents happen and injuries result. But not all injuries are compensable under the law. Negligence is a legal concept that courts have invented over time to determine which injuries are compensable and which are not. All legal elements, or parts, of negligence must be met in order to have a cause of action for negligence. In essence, negligence consists of duty, breach, causation and damages. All of these elements are linked.
Evaluating a Personal Injury Case: Elements
A finding of liability is the first step in evaluating a potential personal injury case. Determining who is legally liable can be a complicated process in some cases such as product liability, or a fairly straight-forward one in a simple “fender bender” auto accident.