If you have been severely injured in a motorcycle accident that happened because of another person’s negligence, you deserve justice, and a Colorado Springs motorcycle accident lawyer may be able to help you get it. A lawyer can fight to get you the financial awards you deserve so that you can focus on a successful recovery.
Without compensation, you may be bogged down and worried about how you will pay medical expenses, car repairs, and other bills. You were already unfairly injured. It is not fair that you should now also suffer financial harm from your accident.
Let the personal injury team at Ben Crump Law, PLLC, help you. You have the right to financial recovery, and we give motorcycle accident victims the opportunity to seek it. When we represent you, we take care of your case from beginning to end so that you can focus on yourself. Call us today for a free, no-commitment consultation at (800) 924-3113 to learn more about what we can do for you. You do not pay us a penny unless we win for you. Let us get you the justice you deserve.
What Happens When You File a Personal Injury Lawsuit
When you decide to pursue legal action against the driver who harmed you, a Colorado Springs motorcycle accident lawyer can help you build your case, depending on the evidence available. They also could officially file your lawsuit with the court, negotiate for a fair settlement, and represent you at trial if your case is not settled during the negotiations process.
Lawyers often treat personal injury cases early on as if they will proceed to trial. This way, they are prepared in case it does. For this reason, a lawyer might spend time collecting evidence during a “pre-filing” period before filing your case. This goal is to make a strong case before it is even filed. Serving a defendant with an already thorough and convincing case might persuade the liable party and their counsel to consider a settlement.
For a free legal consultation with a motorcycle accidents lawyer serving Colorado Springs, call 800-924-3113
Be Cautious When Speaking to Insurance Adjusters
If you have been hurt by another driver in a motorcycle accident, the driver’s insurance company likely has or soon will approach you. Insurance companies often have their adjusters reach out to accident victims soon after an accident happens. There are a few reasons for this.
Adjusters want the opportunity to speak to you before you have had the chance to receive legal advice or hire a lawyer to represent you. A skilled insurance adjuster may try to manipulate you into making statements that minimize their client’s liability. An insurance adjuster can use anything you say later during settlement negotiations, and at trial, so those conversations can be beneficial for their future case, if necessary. This is why you might not want to speak to an insurer until you have decided whether you will seek legal counsel first.
Insurance companies are also aware that victims might not yet have an accurate picture of their true injuries and losses. This is especially so for people who are severely injured. A victim who has suffered an extreme injury may not have yet received a clear prognosis soon after an accident. It may take time for doctors to evaluate the patient’s progress and determine a full recovery plan.
Without this process and information, the victim may not have a true sense of the medical treatment they will need throughout their recovery and, thus, cannot yet accurately determine a fair settlement amount. In this case, a victim may unknowingly accept a settlement offer that is much less than they need or deserve.
It may pay off in the long term to seek legal advice before having conversations with an insurance representative. Even though it might be convenient to accept an insurance adjuster’s offer and settle soon after an accident, waiting will give you time to accurately evaluate your medical prognosis and determine a fair settlement.
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Liability in Colorado Motorcycle Accidents
A motorcycle accident victim must establish that the defendant’s negligence caused the accident for their personal injury lawsuit to be successful. Proving negligence consists of four elements. The victim must be able to show that:
- The defendant was driving negligently.
- The defendant’s negligent behavior caused the accident.
- The accident caused the victim’s injury.
- The victim suffered harm or damage due to their injury.
To prove each of these elements, your attorney will need to collect evidence, which could include but is not limited to:
- Eyewitness testimony
- Expert testimony
- Medical records
- Proof of financial loss
- Photos and video surveillance footage (if available)
Any evidence that confirms the other driver’s negligence and liability can be useful during trial and negotiations.
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Shared Fault Accidents
In Colorado, if you are partially at fault for the accident, you are not barred from collecting part of your damages. Victims who share fault for their accident are assigned a percentage amount of liability based on their level of responsibility for the accident. This is called comparative negligence. There are two forms of comparative negligence: pure and modified.
Colorado uses “modified comparative negligence,” which allows a victim to collect compensation if they can prove that another driver is at least 50% responsible for the accident. If the victim can, in fact, collect, their damages are reduced by the percentage of their responsibility, per Colorado Revised Statutes § 13-21-111.
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Limitations on Motorcycle Accident Lawsuits
Colorado has imposed a “noneconomic damage cap” for personal injury lawsuits, limiting the compensation a victim may collect. Noneconomic damages, those awarded for physical and emotional pain and overall suffering from an accident, are capped at about $400,000, as of 2020.
This amount has been adjusted for inflation from the original $250,000 cap under Colorado Revised Statutes § 13-21-102.5. There is, however, an exception to this rule. When a victim’s attorney can prove the victim has suffered a permanent physical impairment from their accident, the cap for noneconomic damages does not apply.
A second limitation on personal injury lawsuits is the statute of limitations. A victim has three years, Colorado Revised Statutes § 13-80-101, from the date of an accident to file their lawsuit for damages. If the time limit has passed, the victim’s lawsuit is no longer legally valid, and an attorney will not be able to take the case.
You deserve justice if you have been injured in a motorcycle accident you did not cause. If you are suffering and believe you are eligible for damages, call a Colorado Springs motorcycle accident lawyer for help. At Ben Crump Law, PLLC, we fight hard to get victims what they deserve.
We want to talk to you about your case today. Schedule a free consultation by calling (800) 924-3113. We do not charge upfront fees for our services. We do not collect payment unless we negotiate a settlement for you or win your case in court.
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