Motorcycle accidents invariably lead to a combination of injuries due to the complex nature of the accidents that can occur.
While you may be hit on one side, you then fly through the air or get pushed onto the other side as you hit the ground. This can lead to a number of separate impacts involving injuries in different parts of your body.
This is the hardest type of case to try and put a value on. It is not simply adding up the value of each injury and coming up with a total. The global picture of the injuries has to be considered with a view to accurately assessing the value. This is where experience comes in.
There is a lack of definitive guidance on multiple injuries. The Judicial College Guidelines deal with single injuries, as opposed to the whole. At the same time there are only limited reported cases, setting a benchmark, and these very rarely match the injuries which you have sustained.
As an example of how difficult this area is, consider the situation where you have suffered fractures to your thigh and lower leg. Arguably the level of pain you have suffered is the same, despite the fact that you have more than one fracture. You cannot walk, so the impact on your quality of life is the same. It could be argued that you should only receive the same award as someone with only one fracture who also cannot walk. However, that would clearly be wrong. Now consider what the position would be if the fractures were to different legs. The pain may be the same, but the impact on quality of life is completely different. You will hopefully see from this why it is important to have an experienced solicitor acting for you.
Most insurance companies nowadays use a computer system called Colossus to calculate the value of injuries. This is also used by insurer appointed solicitors. This de-personalises the assessment of the value of injuries and was rejected by the Courts Service. We regularly take cases to court where an insurance company is relying on a computer valuation of the claim and have never failed to beat this. However, we regularly take over cases from other solicitors where they have recommended acceptance of just such an offer.
You need an experienced solicitor to help you with a claim for multiple trauma. If you wish to discuss your case then please contact us for a free no-obligation discussion on freephone 0800 7836191.