Why You Should Not Wait to File a Motorcycle Accident Lawsuit

Motorcycle Accident Lawsuit

Written by Jeremy D. Earle, JD

May 6, 2023

Colorado Springs, Colorado: Waiting to File a  Motorcycle Accident Lawsuit is a Mistake

Numerous things may occur in the aftermath of a motorcycle accident. Motorcycle accidents have a greater death rate and a significantly increased risk of suffering serious and permanent damage compared to car accidents. Many people engaged in motorcycle accidents end up in the hospital with a thousand things happening simultaneously.

There are concerns regarding your work. How about your family? How is your health?  Warrior Motorcycle Accident Attorneys understands that dealing with the aftermath of a motorcycle accident can be particularly frustrating and time-consuming. Still, those who have sustained serious injuries due to a motorcycle accident mustn’t delay seeking compensation for their losses.

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Filing a Lawsuit to Recover Compensation for Motorcycle Accident Injuries

Suppose you have been injured in a motorcycle accident. In that case, the likelihood is that you may face losses such as medical costs, lost pay due to time spent recovering, perhaps losing your work due to a permanent disability, and your injuries themselves may cause an unbelievable amount of agony and suffering.

If another party’s carelessness caused your accident, you might be able to hold them accountable for your injuries by filing a motorcycle accident claim or lawsuit.

With a motorcycle accident claim, you may try to reach an out-of-court settlement with the at-fault party’s insurance company. Colorado’s no-fault insurance regulations require that people involved in motor car accidents first check their insurance policies, rather than the at-fault party’s.

However, motorcycle accidents can result in serious and lasting injuries that easily surpass the coverage provided by personal injury insurance, allowing the victim to seek reimbursement from the at-fault party.

A claimant may then attempt to leverage evidence of the at-fault party’s wrongdoing to strike an out-of-court settlement that compensates them for their losses in return for preceding potentially lengthy and expensive litigation.

When a settlement cannot be reached, a motorcycle accident victim may be forced to file a lawsuit for a jury to assist in determining if compensation is warranted.

Why Is It a Mistake to Delay Filing a Motorcycle Accident Injury Lawsuit?

The priority after a motorcycle collision should be your health. Before focusing on a possible motorcycle accident injury lawsuit, you should prioritize medical care and recovery from your injuries. After that, you should consider your legal options for pursuing compensation for your motorcycle accident injuries.

That being said, this does not imply you should postpone initiating a prospective motorcycle accident injury lawsuit. The statute of limitations for personal injury claims arising from motor car accidents in Colorado is four years.

That is not to say you should delay initiating your lawsuit for one, two, or even three years. The longer you wait, the more likely it is that numerous circumstances that might greatly affect your case’s outcome will shift in your favor.

Deterioration of Motorcycle Accident Injury Evidence

To begin, each motorcycle accident lawsuit needs an in-depth study of the facts surrounding the collision. These investigations into motorcycle accidents often concentrate on obtaining as much evidence as possible to establish the at-fault party’s responsibility and carelessness, as well as any other parties who may be held accountable.

Evidence does not endure indefinitely, and the longer a claimant waits to commence their case, the more evidence deteriorates. Accident footage might be lost, and the accident site can change dramatically in a short amount of time, deteriorating evidence.

The concerned cars may be discarded or repaired. Witnesses who can offer critical testimony may vanish, or their memory of the events may become clouded.

The Insurance Company Is Attempting to Dissuade You from Filing a Motorcycle Accident Injury Lawsuit

Delay in seeking compensation might also affect the credibility of your case. You may have waited a few days to consult a doctor about your motorcycle accident injuries and received treatment, only to wait another year to submit a claim. Insurance companies may argue that your apathy about treatment and recompense demonstrates a lack of trustworthiness.

When contemplating filing a motorcycle accident injury case, insurance company representatives encourage you to delay and take your time. The longer you delay, the more opportunity they will have to strengthen their defense and attempt to dupe you into jeopardizing your case. Insurance adjusters serve the insurance company’s interests. They are assigned to analyze claims, but they are also taught to look for any loophole or weakness in a claim to assist the insurance company in avoiding paying out as much money as possible.

They may do this by undercutting you with settlement offers, obtaining medical records that are irrelevant to the case, and duping you into answering loaded questions that have no bearing on the case.

Pursuing a Case Following a Long Island Motorcycle Collision

When a motorcyclist is injured in a Long Island accident, an attorney may make the at-fault driver legally responsible for their losses. Regardless of the severity of the other driver’s injuries, the lawyer holds the other motorist liable.

In this sort of lawsuit, the recoverable damages are directly related to the motorcycle rider’s injuries. You will be able to recover from the initial expenditure or loss by pursuing recovery throughout the range of linked charges.

For instance, medical expenses, missed payments, and daily out-of-pocket expenses incurred due to the accident are all recoverable. You may also seek non-economic damages, which means you will be compensated for your bodily suffering and mental grief.

Immediate family members may also be compensated if their loved one perished due to their collision injuries, as detailed in EPT 5-4.1. These damages include funeral and burial costs, the loss of financial assistance from your loved one, and the loss of companionship/guidance.

Following a Collision, Evidence May Disappear Rapidly

When an attorney defends a motorcycle accident victim, they must immediately begin canvassing for witnesses and interviewing them, identifying and gathering physical evidence, and doing other procedures necessary to construct a strong case. Certain evidence vanishes the moment the cars leave the site. Additional evidence is lost with time.

Consider that your accident happened at the intersection of Carleton Avenue and East Suffolk Avenue in Central Islip. On the corner is a fast-food business, and their CCTV cameras captured the whole accident.

However, as is the case with the majority of companies, their recordings are routinely re-recorded. This implies that your lawyer may have video evidence of the at-fault party’s carelessness and liability–but only if they can recover the footage before it is overwritten.

To contact our injury attorneys immediately, click here.

Legal Time Limits Apply to Lawsuits Involving Motorcycle Collisions

You should also examine the legal deadlines applicable to your case when determining whether to contact a motorcycle accident lawyer. While CVP 214 normally allows you three years to sue the driver who struck you, this rule has various exceptions. These exclusions may prolong your deadline, but they may also significantly shorten it.

For instance, if the car that struck you was owned and managed by a municipality or another government entity, your time to respond may be quite restricted. You may have as little as three months in New York State to inform the agency of your plan to make a claim.

Regardless of how much or how little time you have after an accident, it is vital to act promptly. A lawyer from our company will need as much time as possible to build a strong case that will likely result in you receiving appropriate compensation. Do not hesitate to contact us. The sooner we begin, the better.

Now is the time to submit a Free Case Evaluation form.

There are Numerous Steps to Follow When Developing a Viable Claim

While inspecting the crash site and questioning witnesses are necessary tasks, they are not the only ones. Additionally, they will need to get the police report, pertinent medical records, invoices, and other documentation.

Collaborate with accident reconstructionists • Identify and solicit the assistance of medical

professionals, economists, and others

Acquire a thorough grasp of your prognosis and future care requirements

Each of these processes may take many weeks, if not months, to complete. While your attorney and legal team will likely work on many of them concurrently, developing a compelling case to support your claim might take several months or more.

Our Motorcycle Accident Attorneys Can Communicate with the Insurance Company

We can submit your claim for you, and you will not be required to interact with an insurance provider; we will handle everything for you. We are aware of the strategies insurance companies use to undervalue claims and minimize the extent of people’s injuries. We do not want you to have to cope with this or for your claim to be refused. We will contact the adjuster on your behalf to get a reasonable settlement.

We will negotiate with the adjuster if necessary. We will do everything possible to get a monetary award that fully compensates you for your losses. We have no issue filing a lawsuit if the claims adjuster will not pay you what you deserve. In front of a court and jury, we will continue to battle for your justice and financial compensation.

We Work on a Fee-Only Basis

Our clients do not have to worry about the cost of legal representation. Because we operate on a contingency fee basis, you incur no upfront or out-of-pocket costs. We accept money only once you have been compensated. Our costs are deducted from any cash reward we receive on your behalf.

Seek the Assistance of a Skilled Colorado Springs Motorcycle Accident Attorney

Being involved in an accident while riding a motorcycle may alter the course of your life. The aftermath of this kind of collision often results in some of the most severe injuries that may occur in any form of motor car accident. That implies that pursuing your compensation claim may be much more difficult when there is so much more at stake.

Avoid entering a battle for just compensation without the expertise and resources of an experienced legal firm on your side.

Warrior Motorcycle Accident Attorneys is an award-winning legal company with a lengthy track record of happy clients who have walked away from their ordeals with settlements and judgments that have assisted them in regaining their financial footing.

Our lawyers can offer you the resources and expertise of a big, award-winning legal company while preserving the close communication and personal attention that a smaller office provides. To reach Warrior Motorcycle Accident Attorneys for a free consultation regarding your motorcycle accident case, call our Colorado Springs office at 719-300-1100 or complete an online contact form.

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