Steps to Settle a Motorcycle Accident Claim

Settle a Motorcycle Accident Claim

Written by Jeremy D. Earle, JD

May 3, 2023

When Should an Injury Victim Hire a Personal Injury Lawyer?

When a person is hurt in a car or truck accident, one often asked question is as follows: When should an injured victim retain the services of an attorney?

The straightforward response to this question is “Immediately, or as soon as feasible and practicable!” The injured victim must understand their legal rights and remedies under Colorado law.

Colorado Motorcycle Accident Attorneys handle these sorts of damage lawsuits on a contingency basis and provide victims and family members a free consultation on these issues.

As a result, an injured party will not be required to pay for an attorney consultation. Suppose the Colorado Motorcycle Accident Attorney feels the case has value and has a reasonable chance of compensating the accident victim. In that case, the attorney will often take representation and pursue the case.

When a person gets hurt, they are immediately subjected to a great deal of pressure. Insurance companies will call the injured party immediately after the accident to acquire a statement and information about the event and its consequences. Medical costs will begin to mount.Evidence that might assist in proving a claim or lawsuit will be lost.

Before making a statement to an insurance company – whether it is the other driver’s or the victim’s insurance company – the injury victim should consult with a Colorado Motorcycle Accident Attorney to determine the best course of action, as well as to assist in preserving evidence and ensuring medical expenses are covered by applicable insurance or alternative means.

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How Can an Individual Be Reimbursed for Injuries and Damages Caused by a Colorado Motorcycle Accident?

Following a motorcycle accident in Colorado, the injured party often faces high medical expenditures, economic losses, and personal injuries. If a person is hurt due to a driver’s carelessness, the victim may seek damages and compensation. These damages may include but are not limited to past and future medical expenditures, past and future pain and suffering, past and future lost earnings, future earning capacity loss, and past and future loss of enjoyment of life.

Insurance may eventually reimburse an injured party for these losses. Still, the amount of compensation available and payable may vary according to the insurance policy and the kind of injuries sustained.

It is often beneficial to seek the aid, advice, and representation of a Colorado Motorcycle Accident Attorney to assist the individual in navigating the insurance concerns, legal rights, and damages associated with a motorcycle accident. Compensation for pain and suffering, loss of enjoyment of

life, and medical expenses not covered by Med Pay or private health insurance may be sought against the BI insurance policy and/or the UM/UIM policy. The worth of every claim or case will be determined by the findings of diagnostic tests, the permanence of the harm, and the injury’s immediate and long-term effects on the victim’s life. In practice, the value of any case may be influenced by the policy limitations of the underlying insurance policies.

How Long Should an Injury Victim Wait Following a Colorado Motorcycle Accident Before Submitting a Demand for Compensation to the Insurance Company or Defendant on Their Behalf?

This is often asked by motorcycle accident victims seeking compensation for personal injuries sustained in a Colorado motorcycle accident. As is the case with many legal and insurance problems, the answer is “it depends” on several circumstances. However, in most circumstances, a client will continue to treat until their medical doctors proclaim them to be at Maximum Medical Improvement (MMI). This is the stage of medical therapy at which the primary treatment.

Medical practitioners think that the patient has reached a point of no return in terms of medical treatment. Even if more care and treatment are required after attaining MMI, it is generally not anticipated that the patient’s medical condition would improve significantly. Naturally, if the  patient’s doctors recommend future surgery or other invasive procedures, either MMI is not declared, or the doctors typically render an opinion that the victim is at “non-surgical” or “pre- surgical” MMI and comment on the necessity of future care and treatment to a reasonable degree of medical probability.

Depending on the severity of the injuries and the quantity of available insurance coverage, an early settlement demand might be presented to the insurance company(ies) even before the patient achieves MMI for certain clients. This is true when medical treatment and damages justify a claim for the policy’s limitations. After consulting with the client, the Colorado Motorcycle Accident Attorney should choose to put out a settlement demand in a personal injury case. Naturally, the client retains the right to direct and seek information from the attorney and/or dismiss the attorney’s suggestions. However, it is typically good for the client to consider and then follow the advice of an attorney with years of expertise managing personal injury claims. After all, isn’t that why you recruited them in the first place?

A demand’s timeliness should not be confused with the timing of other case parts. For example, the Statute of Limitations (SOL) refers to the time within which a lawsuit must be brought before legal rights relating to a certain motorcycle accident or another form of occurrence resulting in injury are waived. The SOL is the earliest possible date for filing a lawsuit. Demand might be submitted after or before the lawsuit is filed. After the SOL, no demand or lawsuit may be issued or filed. On the SOL date, the unfiled lawsuit or claim expires.

What Factors Are Considered for Settlement Purposes in a Colorado Motorcycle Injury Case?

While a person is hurt in a Colorado Motorcycle Accident, several elements are taken into account when determining the worth of the case. Each personal injury case should be considered independently of the others based on its facts and merits. Each individual is unique. Likewise, each personal injury claim or case is unique. Individual attention should be given to the case by a

knowledgeable Colorado Motorcycle Accident Attorney who will represent the injured party in pursuing damages and compensation for their injuries. Any individual aiding, treating, or advising a patient should also pay attention to the patient.

The victim is responsible for their injuries. Numerous criteria may be examined when attempting to appraise a particular instance.

Liability(Fault). Liability refers to the event or accident’s cause. Typically, a plaintiff or claimant must establish that he or she was harmed due to another person’s or business’s fault or carelessness. In other words, the plaintiff or claimant must establish that a person or corporation failed to behave reasonably or acted carelessly, resulting in injury or harm. In essence, proving culpability involves demonstrating that the injuries might have been prevented had the at-fault person or corporation exercised more care and attention.

Damages. Damages are the financial losses incurred as a result of the injuries. Economic or non- economic damages are available. Economic damages refer to the financial expenditures or losses experienced in the past or future due to the injuries. Economic damages are expenses that can typically be calculated and estimated with some degree of certainty as follows:

  • Past medical bills;
  • Future medical bills;
  • Past wage loss (if applicable);
  • Future wage loss/lost earning capacity (if applicable); and
  • Education/Tutoring/Retraining Expenses (incurred due to the injuries).

Unlike economic damages, non-economic damages are not subject to a specific formula or a fixed amount. Non-economic damages are normally accessible in the past (from the accident to the present) and future (from the current date to the end of statistical life expectancy). They include the following:

  • Suffering;
  • Mental Anguish;
  • Decreased Quality of Life;
  • Decreased Companionship; and
  • Decreased Services.
  • Economic and/or non-economic costs have a value that is determined in part by the following factors:
  • The victim’s age;
  • The victim’s condition before the accident/accident;
  • The permanent nature of the injuries;
  • The extent of the injuries;
  • Effects on regular activities;
  • Consequences on cognitive ability;
  • Implications for schooling; and
  • Impact on existing and future income/employment prospects.

The evaluation of a personal injury case can be pretty complicated and frequently requires the assistance of a Colorado Motorcycle Accident Attorney to assess the case and make recommendations regarding available legal options, settlement opportunities, and recommended course of action, including litigation and trial.

How Long Will It Take to Resolve a Motorcycle Accident Personal Injury Case?

As is the case with many legal problems, the answer is “it depends.” Certain motorcycle accident cases are paid immediately after the collision when the injuries are obvious, and the insurance limitations are low. However, in most cases, it will take time for physicians to adequately examine, diagnose, and treat a motorcycle accident victim. It is not unusual for a patient or client to need treatment for months, if not years, after a motorcycle accident. In certain situations, when an injured victim suffers permanent or catastrophic injuries and symptoms such as chronic pain, amputation of a limb, a traumatic brain injury, paralysis, and/or the inability to care for oneself, the injuries may need lifetime care. Additionally, treatment might be prolonged if a patient needs examination and care from a specialist such as a neurologist, orthopedic surgeon, pain management physician, or neurosurgeon. A person needs to get professional medical care and treatment to determine the type and degree of motorcycle accident-related injuries and problems.

In most personal injury cases, the Colorado Motorcycle Accident Attorney will not pursue compensation until the victim achieves Maximum Medical Improvement (MMI). Typically, at this stage, the physicians may review the care and therapy provided and offer a final assessment about lasting disability, if appropriate. In most straightforward circumstances, it will take between three and six months. Typically, it takes six months to a year or more to require extensive medical attention and therapy. It typically takes between one and two years, or more if litigation is

necessary, to pursue or recover damages for accident-related injuries in court. An individual must seek the counsel, guidance, and representation of a Colorado Motorcycle Accident Attorney who will assist them through the claims process and, if necessary, the litigation process.

How Much Compensation Should a Person Receive for Pain and Suffering As a Result of a Personal Injury?

If a person receives lifelong injuries or disabilities in Colorado, he or she should be compensated for pain and suffering. The Colorado Motorcycle Accident Attorney will analyze various aspects of the case or claim when assessing the amount of pain and suffering damages. Insurance adjusters analyze the worth of an injury claim using their models and procedures.

Severe or permanent injuries are treated differently than lesser, short-term injuries. To return to the original issue, how much compensation should a person get for pain and suffering sustained from a truck accident?

This is a pretty wide and open-ended inquiry. Each case should be examined independently of the others based on its facts and merits. When assessing what constitutes fair and reasonable compensation for pain and suffering, a variety of variables are examined, including the following:

  • Previous medical care;
  • Prospective medical therapy;
  • The extent of the injuries;
  • The permanent nature of the injuries;
  • Medical attention received;
  • Future medical care requirements;
  • Surgical recommendations;
  • Surgical procedures;
  • Detection of injuries;
  • The effect of the injuries on everyday activities;
  • The injury’s effect on education/schooling;
  • The injury’s effect on present work;
  • Injuries’ impact on future job and career choices; and
  • Other variables.

Is an Injury Claim or Case More Valuable When Caused by the Negligent Driving of a Business or Corporation’s Employee?

When a person is hurt due to an employee’s careless driving, a claim or action is sometimes brought against both the negligent driver and the business/corporation. We are often asked the following question as Colorado Motorcycle Accident Attorneys:

Is the case more valuable because a company or organization might be held accountable for personal injuries?

The straightforward response to this question is “No.” A case is not worth more just because it involves a company or organization. However, companies or corporations have more compelling commercial reasons and interests to carry liability insurance than individuals to safeguard their assets and limit personal responsibility for the firm or its partners.

Each case or claim should be examined independently of the others based on its own merits, facts, and circumstances. As with any other claim or case, regardless of whether insurance coverage exists or whether the Defendant is a business or a person, the case’s worth is determined by a variety of variables, including the following:

  • Previous medical bills;
  • Future medical expenses;
  • Medical examination and diagnosis of injuries;
  • The findings of diagnostic tests;
  • The nature of the therapy received;
  • The kind of therapy that will be required in the future;
  • The severity of the individual’s injuries;
  • The irreversibility of the personal damage;
  • Detection of injuries;
  • The extent to which surgery was undertaken;
  • Impact on everyday activities;
  • Educational impact;
  • Consequences for earning capability;
  • The wounded person’s life expectancy; and
  • Additional Factors

The case’s worth should not be determined by Defendant’s identity (person or corporation) or the quantity of insurance. However, a case’s collectability and settlement value may be determined by both the case’s worth and the Defendant’s resources, as well as the quantity of available insurance. As such, there is a contrast between collectability and worth. These are just two of the many

variables that a Colorado Motorcycle Accident Attorney carefully evaluates and analyses while conducting a case on behalf of an injured victim.

When Should an Injury Victim File a Lawsuit Following a Colorado Motorcycle Accident?

Typically, a motorcycle accident lawsuit is not brought immediately after the accident. In most motorcycle accident cases or claims, we determine the type and degree of the injuries and subsequent medical care, as well as the amount.

And the degree of any wage loss, as well as any additional losses. Additionally, it is helpful to determine in advance, before bringing a case, the level of insurance that may be available to pay the injured victim for past and future medical expenditures, past and future pain and suffering, past and future wage loss, and past and future income loss.

After obtaining medical bills, medical records, and any other pertinent evidence connected to a specific accident, a Colorado Motorcycle Accident Attorney may assess the level of damages and available insurance coverage to determine the best course of action. In most motorcycle accident cases, a pre-suit demand is submitted to the at-fault driver’s insurance company to secure a settlement for the client before filing the action. Numerous situations are resolved before the filing of a lawsuit. However, some lawsuits are not resolved because the settlement offer does not adequately compensate the injured party. Under such circumstances (and provided there is enough insurance coverage to satisfy a judgment), a lawsuit should be launched to enforce the accident victim’s legal rights. It might be tough to decide whether to accept a pre-suit settlement offer or pursue a lawsuit and possibly lengthy and expensive litigation.

Before making any choices on a settlement offer, the accident victim should consult with a Colorado Motorcycle Accident Attorney about the case/claim. No release should be signed before the victim has received complete information about the case’s worth and legal rights to compensation.

How Much Compensation Should a Personal Injury Victim Sue for?

When a person has personal injuries, a lawsuit may be initiated to assert the victim’s entitlement to compensation and damages. The following issue often arises in personal injury cases: How much should I use in my injury case?

In most Colorado personal injury lawsuits, the complaint simply states that the plaintiff is seeking more than $15,000 in damages rather than a particular figure. This is a statutory minimum and does not represent the case’s genuine worth. Litigating a personal injury lawsuit is a lengthy and perplexing procedure. As a result, personal injury victims must obtain the counsel, assistance, and representation of a Colorado Motorcycle Accident Attorney.

When estimating the worth of a personal injury lawsuit, various elements must be examined, including the following:

Medical Bills Past and Future;

Lost Wages in the Past and Future;

Impairment of Earning Capacity;

Past and Future Service Losses;

Mental Anguish in the Past and Future;

Past and Future Suffering and Pain; and

Loss of enjoyment of life in the past and future.

Each case involving personal harm should be examined on its own merits. Before making any choices on a settlement and/or litigation in any personal injury lawsuit resulting from a motorcycle accident, it is critical to analyze all relevant aspects.

Is a Personal Injury Settlement Taxable?

When a personal injury lawsuit is resolved, and the claimant or plaintiff has bodily injuries, the settlement payments are often not taxable to the claimant or plaintiff. This is because the settlement is seen as a loss due to a casualty. In other words, a personal injury settlement is seldom seen as revenue, income, or profit.

However, in certain situations, it may be beneficial to consider the taxable effects of a personal injury settlement with a CPA (Certified Public Accountant) or a tax counsel, particularly if the settlement includes substantial compensation for income replacement. However, the popular understanding is that in most personal injury cases, the net profits of a personal injury settlement are not taxable.

Free Consultation with a Motorcycle Accident Attorney

Following a motorcycle accident, the injured person and his or her family face a great deal of stress, both emotionally and physically. In the majority of injury cases, the sufferer needs assistance in  some manner.

Whether it’s a friend who cooks a meal, a neighbor who assists with transportation or child care, or a compassionate doctor who takes the time to properly diagnose the injury or simply lends a listening ear, an injury victim is rarely fully capable of dealing with the aftermath of a motorcycle accident on their own. This is particularly true when a major personal injury has resulted in continuous medical care and problems.

Accidents and insurance rules and processes may be rather perplexing and difficult. While common sense and logic may assist an injured party in some situations, regulations and insurance policies are complicated and nuanced.

Insurance corporations and enterprises use their legal counsel, risk managers, and claims adjusters. Additionally, the accident sufferer ought to be backed and supported by a team of advocates dedicated to defending and enforcing his or her critical legal rights.

Take a firm and aggressive approach to overcome obstacles yet take advantage of available assistance. Hopefully, this website article has answered some of your concerns about motorcycle accidents, but bear in mind that it is not a “recipe” or “do-it-yourself” article for managing a personal injury claim or case properly.

While each situation is unique, each client needs an attorney or advocate who has the expertise, time, patience, talent, and compassion necessary to complete the work in the   best possible manner for the client and his or her family members. This article is intended to provide an overview of some of the different concerns that may emerge after a motorcycle accident.

Kindly feel free to use our services as resources in the event of personal harm. Not attempt to do it alone. Our objective and goal as Colorado Motorcycle Accident Attorneys are to get you a big ass settlement.

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