Motorcycle Accident Claims

We recognise the challenges that our clients, and their families, face after a motorcycle accident injury.

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Guiding you through all aspects of motorcycle accident claims

Our personal injury team has significant, proven experience supporting people whose lives have been changed after suffering a motorcycle accident injury.  This includes people who have had a brain injury, spinal cord injury, an amputation, and multiple injuries.  Or even sadly, those who died.

The latest figures show that nearly 6,000 people were injured in a motorcycle accident. Around 2,000 people were seriously injured and 123 people died.

We recognise the challenges that our clients, and their families, face after a motorcycle accident injury.  With this in mind, we always strive to help our clients to rebuild their lives; we aim to ultimately maximise their outcomes, wherever this is possible.

At Higgs LLP we prioritise your early rehabilitation needs and help with securing early interim payments wherever possible.  We also have an in-house client support manager who can help support you with a wide range of social needs.  We also offer ‘no win no fee’ agreements to fund your claim, which means that there is no financial risk to you if you lose.

Start your motorcycle accident claim

When do I make a motorcycle injury claim?

When you have had a serious motorcycle accident injury, you will have been taken to hospital where the doctors and nursing staff will have provided your initial treatment and care needs.  Very often this may have involved one or more operations.  After then, when you are recovering the hospital will usually involve other health professionals, such as occupational therapists and physiotherapists, to help with your rehabilitation and hopefully your discharge.  The exact nature of this help will depend on your injuries and individual circumstances.

As lawyers who specialise in motorcycle accident injuries, many patients will contact us very soon after their motorcycle accident injury to ask for our help.  The main advantage of us being involved at an early stage, is that we may be able to arrange more rehabilitation; your health is the top priority.  It is commonly accepted that early rehabilitation intervention improves your chances of reaching your maximal recovery sooner.

How can we help with your rehabilitation?

To help us work alongside your medical team, if you have a motorcycle accident injury we will look to instruct a case manager in suitable cases.  A case manager is an independent healthcare professional, often a registered nurse, occupational therapist or physiotherapist, who works outside of the legal claim process.  They would be asked to see you, often in your home environment, to prepare an immediate needs assessment report. They have access to your medical records and so are best placed to identify any additional care or support needs that you may require, as well as any aids or adaptations that you need.

The case manager is often instructed jointly with an insurance company of the person or organisation we consider is legally responsible for your motorcycle accident.  However, sometime this is not always possible for a number of reasons, in which case we may be able to instruct the case manager unilaterally, in suitable cases.

Depending on the severity of your motorcycle accident injuries, their impact on your life, and how you recover, the case manager may be involved supporting, coordinating your rehabilitation needs for a long time.

How our solicitors can help?

Our solicitors are specialists in motorcycle accident injuries.  They understand how stressful it can be to make a legal claim for your injury, while at the same time trying to adapt to your injury; they also understand the impact that this has on your family.  

We believe that early intervention is the best way to help you maximise your chances of rehabilitation, so we focus, where possible, on arranging case manager support and interim payments, whilst we work to secure the best overall outcome for you and your family.  We always put you at the centre of everything we do.

As we are a broad-based practice we can provide holistic support and work with our colleagues in other legal disciplines to support your case, if needed.  It means you will benefit from a seamless, one-team approach.  You are in safe hands.

We are:

  • One of three law firms selected by The Queen Elizabeth Hospital Birmingham to support patients at the hospital as part of the 4 Trauma 4 Patients support service
  • One of three firms selected by the University Hospital of Coventry and Warwickshire operated by Cardinal Management to support patients as part of the Major Trauma Signposting project
  • One of three firms selected by the Birmingham Women’s and Children’s Hospital operated by Cardinal Management to support patients as part of the Major Trauma Signposting project
  • Accredited members of Headway’s Head Injury Solicitors Directory
  • Spinal Injuries Association trusted legal partner for the West Midlands
  • Serious Injury Guide signatories
  • Members of:
    • The Motor Accident Solicitors Society
    • Association of Personal Injury Lawyers
    • Birmingham Law Society
    • Approved Law Society Personal Injury Panel and Law Society Clinical Negligence Panel
    • Approved by Association for Victims of Medical Accidents
    • Recognised in Chambers and Partners Directory
    • Recommended by the Legal 500 as leading personal injury and clinical negligence lawyers.

Evidence needed to make a claim

When we first come and see you, we will need to know that details of the incident that caused your motorcycle accident.  As well as taking detail of your memory of what happened, we will also want to know if there are any photos or CCTV of the incident, and whether you have the details of any witnesses.  Objects involved in the incident may also provide important evidence and should be kept.

Depending on the severity of your motorcycle accident and whether your injury was reported to them, the police may have attended the scene.  If so, they will prepare a report of their investigations.  The police, however, will only release a copy of their report once the criminal process is completed.  In serious road accidents the police will carry out a forensic investigation of the scene.  This can include examining the vehicles involved and recording tyre marks or road debris, to reconstruct the accident.  Their reports can contain important evidence which may support establishing what happened and who should take legal responsibility.

Starting the claim

It should be possible from meeting with you to have a good idea of who you should hold to blame for your injury.  This may be a person, or sometimes it may be the organisation employing that person, and on other occasions it may be a few parties.  If you have suffered a serious brain injury you may not remember the incident.  In these circumstances, you may still be able to establish a claim and should still speak with a specialist injury lawyer.

We will send a letter of claim to the person you hold responsible for your motorcycle injury, in higher value claims.  We are often able to find out who the insurer is if you know the registration number of the vehicle, as there is a database of motor insurers.  This means we can contact the insurer directly.  The letter of claim sets out the basic circumstances of the incident, why we hold them responsible, brief details of your injuries and other losses such as lost income, as well as some other details.  We can also nominate details of the case managers we propose are suitable to prepare your immediate needs assessment, if appropriate.

It is usual for the insurer to acknowledge your letter of claim within 21 days, and to confirm their decision on whether they accept responsibility for your catastrophic injury within the next 3 months.  Although sometimes liability may not always be resolved in that time if say, the accident circumstances are unclear or are contested, or the insurer wants to see a police accident report before confirming their stance.

Our accreditations

Head Injury Solicitor 2024
SIA Trusted Partner
Accreditation Personal Injury Colour Jpeg
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"The focus seems to be on catastrophic injury, seeing clients from the very earliest stages and supporting them through their rehabilitation journey"

Legal 500

"Andy Shaw is ambitious for the firm, but principally for his clients, bringing an unflappable nature, but with true empathy. He is as good as any personal injury lawyer in the country"

Legal 500

"They are really carving out a reputation as leading personal injury lawyers"

Chambers and Partners

Rehabilitation Code 2015 and serious injury guide

The court’s pre-action protocol makes it clear that parties should cooperate in line with Rehabilitation Code 2015, in facilitating early rehabilitation.  However, there are weaknesses in the Rehabilitation Code, so we are also voluntary signatories of the Serious Injury Guide along with other specialist serious injury lawyers and many insurers.  This demonstrates our commitment to your rehabilitation and means that when the insurer or lawyer who represents the other party is also a signatory to the Serious Injury Guide, we can use it to your benefit.  In many bicycle accident injury cases we are able to arrange early rehabilitation, even if an insurer is still reserving its position on whether to accept liability for the injury.

In our team we also have a client support manager, who is a registered social worker.  She supports clients and their families, particularly in the early stages of a serious injury claim, when an insurer may not yet be engaged.  The issues they support with are varied, but they may especially be needed if a client is ready to be discharged from hospital, but their home is unsuited because of their injuries.  In these cases, the client support manager will liaise with the relevant local authority, who have a statutory duty in the circumstances to provide support.

Medical evidence to support a motorcycle accident injury claim

In any injury claim, the burden of proof rests with the claimant.  This means that even if a party accepts responsibility for the injury, then the claimant must still prove the extent of the injuries caused due to the incident and their prognosis.  In addition, they must prove what other losses have reasonably been caused either in the incident, such as car repairs, or caused by the injury, such as loss of earnings or care.

This means that expert evidence is key in supporting the claim.  We work with leading expert witnesses across a range of medical disciplines to establish the full impact of the injuries.  This incudes not only assessing the current situation, but also looking ahead and considering the chances of, for example, a deterioration in symptoms due to arthritis in a joint brought on by the accident, which may impact someone’s work capacity or care needs.  Another example may be someone with a brain injury who, as a result, may be at an increased risk of developing epilepsy.  For some people, if it occurred, it would prevent them from driving, or working at height or with machinery.  This clearly would have a significant impact on the value of a claim.  In fact, in such a case, we would advise the client that their interests would be best protected by settling their claim on a provisional basis.  This means that they could a agree a settlement on the assumption that the epilepsy will not occur but retaining the ability to claim further compensation for the full extent of their epilepsy injury and associated losses, if the epilepsy did develop in the expected time frame.

"They seem to go over and above for the client and are much easier to contact and deal with compared to most other legal firms. Steve Santy and Andy Shaw – both are extremely approachable and knowledgeable within their industry field"

Legal 500

"Andy Shaw and Steve Santy lead the team by example. It is obvious how client and rehabilitation focussed they are and that seems to permeate down through the team"

Legal 500

"Higgs is a well-known Black Country firm that frequently acts on severe and fatal personal injury cases. The firm is noted for its expert handling of head injury claims, burns and spinal cases, including those arising from RTAs, accidents at work and trips"

Chambers and Partners

Interim payments

Interim payments are another way in which we are able to support people with a motorcycle accident injury.  A motorcycle accident can have a significant impact on someone’s ability to work.  This may only be for an initial period whilst they are receiving treatment and rehabilitation however, some people may never be able to return to their work or may have to take up different work. 

It is also a fact that people with a disability are more likely to have time out of work and to have longer periods of unemployment compared to people without a disability.  It is therefore unsurprising that many people after a motorcycle accident injury will have financial needs.  When an insurer is engaged, we are often able to secure significant, early interim payments for clients.  In some instances, an insurer does not cooperate, so we advise clients on their option of applying to the court for an order.

Negotiate a settlement

When we have all the evidence needed to support a motorcycle injury claim, we will enter into negotiations with the insurer. This could be by an exchange of settlement offers however, on more significant injury cases this may be done in a face-to-face meeting with the other party’s lawyers. 

In these cases we will also involve a specialist injury barrister to assist in these meetings and, if a settlement is not agreed, the same barrister will help prepare and present your case at trial.

Why choose us as your motorcycle accident claim lawyers

Our highly specialised motorcycle accident claim team is made up of approachable, friendly lawyers who will guide you and your family through the process of pursuing a motorcycle accident claim.

Our specialist lawyers are vastly experienced in dealing with cases involving brain injury, spinal injury, amputations, serious orthopaedic injury, disease and occupational illness, chronic pain and severe psychological injuries.

Each member of our team shares a passion for putting clients and their families at the heart of everything we do. 

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Every client’s compensation depends on their injuries and circumstances. Our complex multiple injury solicitors recover compensation for:

  • pain, suffering and disability
  • case management costs
  • care costs
  • psychological treatment, counselling and support
  • assistive technology and IT
  • prostheses
  • vocational rehabilitation
  • loss of earnings and pension
  • specialist equipment and aids
  • additional costs of transport and mobility, including wheelchairs and adapted vehicles
  • home adaptations and costs of more suitable accommodation
  • medical or surgical treatment
  • special education (SEN) costs
  • Court of Protection deputyship costs

Rehabilitation costs

  • Rehabilitation Code funding - to get rehabilitation started as soon as possible
  • rehabilitation funding from interim payments
  • ongoing or future additional rehabilitation

Therapy costs

  • occupational therapy
  • physiotherapy
  • speech and language therapy
  • hydrotherapy

If we cannot reach a settlement, either because liability or the value of your injury claim is not agreed, we will advise you to start court proceedings.  We would prepare the necessary documents that have to be lodged with the court to start proceedings, and then serve them on the other party. 

Just because court proceedings are issued, it does not mean that the claim will necessarily have to be determined in a trial.  In many instances, the parties will continue to engage and negotiate however, in other matters the claim can only be settled by a judge at trial.

This means that the court process is about making sure that you and the other side get the matter ready, in a timely fashion, to be heard and decided by a judge.  This will include you disclosing all documents in your possession which are relevant to your claim, such as medical records and documents to prove your financial losses.  You and all of your witnesses will also have to give a witness statement, which are then exchanged simultaneously with the other party’s witness statements.  There will also be a timetable for the parties to update and complete their expert evidence, with the experts often meeting with each other to set out areas of their medical opinions where the agree, and where they disagree the reasons why.  Often the parties are also able to update a document which sets out what they think the claim is worth, and why.

The vast majority of cases are resolved amicably, even if court proceedings are begun.  When a claim is agreed or awarded by a court judgment, injury clients often still need support.  As a full-service law firm, we ae able to provide a holistic service to our clients.

For example, a number of clients will be on means-tested state benefits or may be in the future.  They are therefore advised to protect their entitlement to those benefits by putting their compensation into a trust, indeed, this is a step that that should do when they receive their first interim payment.  This is a service that our private client team can provide and the costs of doing so, can be included within the claim.

Similarly, some clients may lack mental capacity to handle their financial affairs as a result of their injury, if they had a brain injury.  In these cases, if they had not previously appointed an attorney then they will need help applying to the court of protection for a deputy to be appointed to look after their interests.  Our private client team can look after this process and even act as a deputy, if that is appropriate.  Again, the costs of the deputy can be included within the claim.

Even if none of these protections are necessary, clients who receive a significant sum of compensation, especially if it is intended to cover ongoing or future costs, will often need independent financial advice.  We can refer them to specialist independent financial advisers who understand the particular requirements of injury claimants.

Meet the motorcycle accident claim team