The legal terminology for claiming compensation is quite straight forward...

PAIN, SUFFERING AND LOSS OF AMENIETY

Pain and suffering after a bike accident is quite straight forward and almost every biker knows about pain and suffering! It is the amount of pain and suffering that you experience as a result of the bike accident. It is always wise to keep a diary on a daily basis to show the amount of pain you are experiencing. Put it in your own words, you will find it invaluable in the future. As well as your symptoms, it is also advisable to list the amount and type of medication you are on.

Do not leave it all to the medical specialist and lawyers, as the more you do in this regard, the better the settlement is likely to be.

Loss of amenity means exactly what it says. If you used to dance or engage in a particular sport or pastime before your bike accident, but can no longer do so because of the bike accident, then our bike lawyers will want to know about it. That also includes motorcycling. In some cases it is the only form of transport the claimant has, but in others, biking is purely a fun thing. Any loss of enjoyment is claimable.

FINANCIAL LOSS AFTER A BIKE ACCIDENT

This is commonly known as ‘out of pocket expenses’.

This can be: Loss of earnings Loss of bonus or commission Travel costs where you are unable to ride or drive yourself. Prescription costs. Repair costs. Medical specialist cost. Legal costs. The cost of personal or domestic care. (This can be a relative or partner) Keep a diary off all the tasks they have to carry out for you and the amount of time they take to do it.

Once again, we cannot emphasize the importance of keeping a diary of all costs accrued. Costs must be justifiable. You can reasonably be expected to be assisted in and out of bed when you have a broken leg after a bike accident. But this becomes unreasonable if you have a broken finger. Always be able to fully justify your costs and expenditure as your opponent’s lawyers will scrutinise these in minute detail in an effort to minimize what you are claiming for. Remember, a Judge will not look too favourably on a claim where the claimant has been found to have tried to exceed the bounds of reasonableness. One small instance of such an attempt can lead to your credibility being damaged, and thereafter your claim failing because the Judge simply cannot rely upon your word.

Important to remember: Always keep receipts, as failure to provide written and documentary proof of your out of pocket expenses may result in them not being awarded at all.