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  • The Miley Legal Group
  • 229 West Main Street
    Clarksburg, WV 26301
  • Phone: 304.931.4088
  • Fax: (304) 326-1801
  • Toll Free: 888.436.0859
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Shinnston Personal Injury Attorney Reviews Date of Occurrence Related to Motorcycle Accidents (Part A)

Tim Miley
Injury Lawyer, Author, & Owner of The Miley Legal Group

Speak with a Shinnston personal injury attorney if you or someone you know has recently been injured in a motorcycle accident. There are a few important things that you must know before pursuing a claim. Some of this information pertains to gathering the appropriate information and any evidence that would clear you from fault or prove that someone else was to blame. 

As part of Tim Miley’s collection of information, figuring out the date of occurrence is particularly helpful. In a nutshell, insurance companies define this as the date on which the injury occurred. Having a record of this information, particularly one provided by a police officer that was contacted after the accident, should help you have a speedier and more successful case. 

Why is date of occurrence important? 

The date of occurrence must be established so that insurance companies, and you as the insured, know which specific policy will correlate best with the incident. In the case of a motorcycle accident, this date should be pretty clear because it likely was an isolated incident and occurred only once. However, it is important to know how the courts define date of occurrence, and how they look at it with respect to legal cases, as well. 

In a court of law, a judge might take a look at a few different theories to define the specific date of occurrence. For the most part, courts will determine that the date on which the impact occurred was in fact the date of occurrence. 

This is most commonly is referred to as the injury-in-fact theory because it is pretty clear which date the event occurred. This is particularly true if information is provided by a police officer that arrived on the scene or if there is other concrete evidence, like a hospital admittance note, that proves the date on which the accident occurred. However, a consultation with a Shinnston personal injury attorney can help ensure that this interpretation of the law comes across in a lawsuit. 

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