The Most Common Motorcycle Accident Types
Each year, more than 11 million car accidents occur in the United States. These collisions may be divided into two categories: driver mistakes and external factors such as weather, road conditions, health crises, and tire or brake failure.
Car accidents are caused by a variety of factors, including:
Distracted driving is a frequent cause of car accidents. According to the National Safety Council (NSC), mobile phone usage is involved in 25% of all auto accidents. Distracted driving is particularly hazardous because the brain can’t effectively integrate information from several sources, causing response time to be delayed.
Driver exhaustion. Driver weariness and falling asleep at the wheel cause between 2.5 per cent and 3.0 per cent of road deaths in the United States.
Nearly half of all car accidents are caused by alcohol or speeding.
Tailgating, disobeying traffic signals, failing to surrender the right of way, and changing lanes repeatedly are all examples of aggressive driving.
In Person | Phone | Zoom
Motorcycle Accidents: What Causes Them?
The following are the most prevalent reasons for motorcycle accidents:
A car turning to the left. When a car makes a left-hand turn, motorcycles are most vulnerable to an accident. An car turning left involves around 42% of all traffic accidents involving a car or motorcycle. This is risky since the motorcycle might be hit when travelling straight through an intersection, attempting to pass the car, or trying to overtake it. Motorcycles often attempt to pass a car in the same lane, and the car driver is unaware of or unprepared for the motorcycle’s action.
Splitting lanes. Because lane splitting is often a significant factor in motorcycle accidents, it is not authorized in many states. Due to the limited room for maneuvering, close closeness to neighboring cars, and a car driver does not expect a motorcycle to overtake them in slow or stopped traffic, motorcycles moving between two lanes are more likely to be involved in an accident.
Drunk driving and speeding Alcohol or speeding are responsible for around half of all single motorcycle accidents.
Collision with a stationary item Motorcycles colliding with a fixed object account for one-quarter of
all motorcycle deaths, but only 18% of all car accident deaths.
Dangers on the road Because motorcycles are smaller and less stable than cars, and they are more vulnerable to uneven lane heights, slippery roads, potholes, and other dangers.
Accidents Caused by Alcohol
Motorcycle accidents are more likely to include Alcohol than car accidents. Alcohol is involved in one out of every three motorcycle accidents, compared to 25% of car accidents.
According to the National Highway Traffic Safety Administration (NHTSA), 29% of all fatally injured motorcyclists had a blood alcohol content (BAC) of at least 0.08.
Motorcyclists killed in traffic accidents at night are three times more likely than those killed during the day to have a blood alcohol content (BAC) of 0.08 or higher. In 2012, 43 per cent of the 2,030 motorcycle traffic fatalities involving a single car had a blood alcohol content (BAC) of 0.08 or above.
Every year, over half of all drunk motorcyclists murdered are above the age of 40.
Rates of Accidents
According to the National Highway Traffic Safety Administration, 13 cars out of 100,000 are
engaged in a fatal collision, whereas motorcyclists have a mortality rate of 72 per 100,000. Motorcycle riders are likewise more likely to be involved in a fatal accident per mile travelled. Motorcyclists have a 35-fold greater chance of a fatal accident per mile driven than car drivers. X In the same year, 4,008 motorcyclists died on American roadways.
Accidents and Deaths
Because riders are not covered by steel and are often flung off the bike following a collision, motorcycle accidents are intrinsically more hazardous for drivers and passengers than car accidents. Motorcycle accidents often result in the following injuries:
Brain injury and concussion. This danger is magnified for motorcyclists who do not wear an appropriate helmet.
As the body slides over the road, it may cause road rash or soft tissue injury. Broken bones in the pelvis and shoulders, as well as joint problems. Biker’s arm, which is caused by nerve injury in the upper arm. The arm is permanently paralyzed as a result of this.
Disfigurement of the face. Impact on the chin occurs in 35% of motorcycle accidents.
Motorcycle accidents are quite likely to result in harm. According to the Hurt Report, a motorcyclist is injured in 98 per cent of multiple car accidents and 96 per cent of single-car accidents. A motorcycle rider is 26 times more likely than a car driver to die in a traffic collision and five times more likely to be injured.
Motorcycle accidents and deaths are disproportionately high on sport and supersport bikes. Supersport motorcycles have a four-fold greater mortality rate than standard motorcycles, while sport bikes have a fatality rate double that of standard motorcycles.
According to the NHTSA, almost 2.6 million individuals are wounded in road accidents each year, accounting for 95 per cent of all injury-causing collisions. Cars are involved in 3% of the accidents. In car accidents, 55 per cent of those who died were not wearing seat belts, and 28 per cent of those killed were thrown from the car.
Warrior Motorcycle Accident Attorneys work with clients from all across Colorado. Contact one of our trained Colorado Springs or Pueblo motorcycle accident lawyers now if you have been in a motorcycle accident.
Seek the advice of an experienced car accident injury lawyer
If you or a loved one has been injured in a motorcycle accident, you should speak with an expert motorcycle accident attorney to help you get the compensation you deserve. Many motorcycle accident victims are permanently incapacitated or unable to work as a result of their injuries. Our lawyers understand the medical and personal expenses that victims and their families face.
We’ll go to great lengths to make sure you get the compensation you deserve for medical bills, pain and suffering, lost income, reconstructive surgery, rehabilitation, and long-term care requirements, if required. For a free consultation and case review, contact Warrior Motorcycle Accident Attorneys at 719-300-1100.
Warrior Motorcycle Accident Lawyers
You or someone you care about has likely been injured or killed in a terrible motorcycle accident if you’re reading this website. Motorcycle accidents may result in serious injuries and agony and mental distress for the riders involved. Perhaps you anticipate to be dealing with the consequences of your injuries for the rest of your life—or perhaps you aren’t sure, and you are concerned about your future and the future of your family.
Furthermore, the accident likely forced you or a loved one to miss work, which has resulted in a reduction in your income as a result of the accident. For whatever reason, you may be unsure if you’ll ever be able to do the same work again. Perhaps you’re struggling to make ends meet without that income, and that’s before you consider the medical expenses you’ve incurred as a consequence of the injury, both in the past and in the future.
There may be a lack of assistance from insurance company staff, or you may believe that they are not giving you all you need to know. The majority of individuals are perplexed as to what they should do next after visiting the emergency department for the first time.
These students have had no previous experience with catastrophic injuries, and no one in their school taught them how to cope with these situations. However, once this occurs, individuals may find themselves having to learn a great deal about insurance claims, financial commitments, liens, medical issues, and personal injury legislation. Even for folks in good health, that’s a lot to deal with all at once. For those who are already dealing with injuries, discomfort, financial pressure, and red tape from insurance companies, the situation may be very stressful and upsetting.
If this sounds familiar, it’s because I created this website just for you. Motorcycle accident victims and their families who have no clue what to do next should use the website as a reference tool, which is exactly what I meant it to be.
One of the things I intend to correct with this website is this. I want this website to be a straightforward, easily available resource for anyone who has suffered a major injury. This is not a website for attorneys; rather, it is a website for victims of crime. I hope that by the time you have finished reading this website, you will have a better understanding of what to anticipate in the aftermath of an accident, from follow-ups with your physicians through the day you settle or resolve your case. I also want to leave you with some further information on whether or not hiring an attorney is a good idea for you.
It has been my duty for the last 22 years to help and educate the general people about accident claims and the processes by which insurance companies handle them. Accident victims face financial danger from insurance companies, which is why I developed this website to assist them in avoiding that financial menace. “‘Threat?'” you may be thinking to yourself. But haven’t I made a payment to my insurance company so that they can take care of me in the event of an accident? What makes you think that the firm has my best interests at heart?” However, although I agree that it should, this does not imply that it will happen. You may have had a favorable experience with your insurance carrier in the past I hope so.
Insurance companies, on the other hand, are not on your side, as you will learn multiple times throughout this website.
Insurance firms, like other businesses, are driven by the need to generate a profit. When they collect your insurance premiums, they earn money. They also profit by settling claims for a fraction of the amount that the claim may be worth in the first place (this is especially true with very expensive claims, which is why the most seriously injured people are at the greatest risk.) In other words, they don’t want to pay you any more money than they are legally required to do so. In exchange for paying a lower settlement to an accident victim, the insurance carrier retains more money, which translates into compensation for insurance company executives and an increase in the stock price for shareholders.
I created this website to provide answers to your queries. Since I began practicing law over two decades ago in the field of personal injury litigation, I’ve seen a pattern: people come to me with the same concerns over and over again—questions about culpability, their insurance claims, the risks and rewards of suing, and so on.
This website is an effort to provide answers to the vast majority of the frequently asked questions I get from clients and prospective clients. However, I am not aware of any website that can provide comprehensive answers to all of your questions.
Even in the most extreme circumstances, there are always exceptions to the rule, notably in the sphere of personal injury law. Every case is unique, and it is only after my office has learned about your circumstances that we will be able to provide you with solutions that are tailored to your specific needs.
A website will never be able to replace face- to-face interaction when it comes to building relationships. To get further information or if you have any questions, recommendations, or concerns, I strongly advise you to contact us at The Warrior Motorcycle Accident Lawyers.
Is the Insurance Adjuster Your Friend?
Even though their advertisements may make you feel warm and fuzzy, insurance companies are not your friends. It is possible that they do not want to do you any damage, but make no mistake: their major purpose in the claims process is to preserve money by avoiding paying you any more than is required.
If you file an insurance claim, claims adjusters will crunch the figures and come up with a range of values that they feel would be sufficient compensation for your losses. Most of the time, they will make you an offer at the low end of that range (or, in some cases, even lower than the low end of that range!) You are under no obligation to accept this. Although most individuals are unaware of this, they have every right to bargain if they consider the offer is too low. To prevent their consumers from negotiating, insurance firms depend on the politeness of their clients, their fear of bargaining or unskilled negotiation, and their misunderstanding of their legal rights.
In the best-case scenario, you and the insurance company may come to a mutually acceptable arrangement without the need for legal representation. Due to the high cost of medical care and rehabilitation after significant injuries, victims with catastrophic injuries are unlikely to
be in the best-case scenario. This implies that the victim must be on the watch for insurance company ruses and high-pressure methods. After a major accident, insurance company representatives have been known to contact accident victims within hours, days, or even weeks to arrange a settlement with the insurance company. They may give victims a tiny sum of money, get them to sign or record anything, or push them into accepting a settlement for their case before they have had a chance to assess the full nature of their damages.
As a result of accepting a cash settlement from an insurance company, your claim is deemed closed, which might have major ramifications in the future. If your doctor subsequently determines that you need more medical treatment than you anticipated, you will not be able to return to the insurance and request more funds. As a result, we highly advise clients to hold off on making a final decision for some time. You should gently ignore insurance company calls if you are feeling pressured or suspicious until you have the opportunity to consult with us or another expert personal injury law firm about your legal rights. I came across a guy who had been critically wounded in a car accident in one of the situations that I faced. Although the injuries did not seem to be life-threatening at the time, this guy went on to undergo highly costly spine surgery on his neck, incurring more than $80,000 in medical expenses. At the time of our first meeting, however, the guy presented me with the paystub from a $250 check that he had received from his insurance provider. He got the cheque a few days after the accident happened, and he made the error of paying it on the same day it arrived. The words “bodily injury compensation” were scribbled on the cheque. I had to inform this guy that he had already resolved his injury claim by cashing the cheque. I couldn’t tell him anything more. Were it not for his failure to seek legal advice before cashing that check, he could have been entitled to collect the entire sum of his medical expenses and additional damages.
Some insurers have been known to simply refuse pricey claims that should have been paid by the victim’s insurance coverage in extreme situations. They may rely on technicalities or half- truths, or they may simply accuse you of lying about the circumstances of the accident. When this is done on purpose, it is referred to be insurance bad faith, and it is against the law.
Consider speaking with us if you suspect that you have been a victim of insurance bad faith and would want to understand more about your legal options.
Insurance firms have a variety of defenses at their disposal.
During our years of practice, Warrior Motorcycle Accident Lawyers have learned to cope with the misrepresentations, exaggerations, and downright falsehoods that insurance companies often utilize when an injured victim files a legal claim. One typical defense is to assert that the victim has previously suffered from comparable injuries, or that the victim was susceptible to the sort of harm that he or she sustained before the event occurred. Another possible defense is to attempt to demonstrate that the victim’s injuries were not caused by the accident, but rather by other events in the victim’s life that occurred after the accident (e.g., a prior fall, prior accident, or some other medical condition). After determining that the accident was not their fault, insurance firms may turn to the time-honored practice of attacking the accident victim’s character or previous medical history.
A qualified lawyer will be able to effectively counter these typical defenses and assist the victim in presenting his or her injuries in a clear, succinct, and cogent manner in court.
Suppose you were suffering from a comparable medical issue (such as a back or neck disease) before the accident. Your attorney may assist you in demonstrating that your existing ailment was exacerbated as a consequence of the event. The idea that a perpetrator “takes his victim wherever he finds him” is supported by Colorado law. Therefore, even if they were predisposed to endure more pain or suffering than could have been anticipated by the defendant, plaintiffs are nevertheless entitled to full compensation.
For example, if you have a terrible back that has never needed surgery, but you are involved in a significant car accident that aggravates your back issue to the point that it necessitates surgery, you may be able to collect compensation for your operation. After all, you wouldn’t have required it if the accident hadn’t occurred in the first place.
The Facts About Motorcycle Accidents
Nobody buys a motorcycle with the expectation of being involved in an accident. What strikes accident victims as surprising is how severe their injuries may become, even when they have complied with all traffic regulations, maintained their focus on the road, and donned their protective gear. When you’re riding a bike amid a crowd of cars and trucks driven by individuals who aren’t paying attention to the little man, even defensive driving may not be enough to keep you safe from the consequences of someone else’s poor judgment.
Motorcycle accidents are governed by the laws of physics.
It shouldn’t come as a surprise to find that motorcycles are much smaller and lighter than cars. Motorcycles typically have a curb weight of roughly 1,700 pounds when fully loaded. The weight of a huge SUV may be over 5,500 pounds, and even a compact car can weigh about 3,000 pounds. Even a small car can weigh nearly 3,000 pounds.
Objects at rest need a certain amount of force to accelerate, but objects in motion do not. The greater the weight of a thing, the greater the amount of force required to move it. When a moving car crashes into another moving car, part of the force of the collision is transferred to the other car. The result of one car smashing into another at a stoplight might be a chain reaction: the halted car is forced forward into another car, which in turn transfers the force to the next car it is driven into, and so forth.
When a large car such as a car or truck collides with a motorcycle, it transmits all or most of the force it generates to the motorcycle and its passenger. As a result, motorcycle riders are often seriously wounded in accidents that may have been as simple as a fender-bender between two cars of identical size. You may begin to appreciate why motorcycle accidents can result in riders suffering life-altering injuries while the driver of the car walks away with no injuries when you examine how much force a car requires to travel at highway speeds.
Injuries that occur often
Injury to the Brain During a Terrorist Attack Traumatic Brain Injury (TBI), sometimes known as traumatic brain damage (TBI), is a fairly prevalent kind of injury after a motorcycle accident. Even if the skull does not fracture as a result of a collision with a hard surface such as the pavement or another person’s car, the delicate tissues of the brain can be jostled around inside, resulting in a concussion or more serious conditions such as bleeding inside the skull, which can cause permanent brain damage or death if left untreated. If left untreated, brain injuries can result in permanent brain damage or death.
Additionally, your head swinging back and forth fast on your neck (causing your brain to “slosh” within your skull and bang on the hard bone) or by neighboring blast waves may induce brain damage.
Some brain injuries are identified in the emergency department within minutes after the occurrence. Others, however, are more difficult to diagnose; you may not realize you have a concussion until you begin to feel dizzy, disoriented, or have difficulty remembering things many days or weeks after being involved in an car accident. It is not recommended that you attempt to diagnose or treat a brain injury on your own time. If you have any suspicions that you may be suffering from a brain injury, see a doctor as soon as possible.
Is it possible to sustain a traumatic brain injury while wearing a helmet?
A traumatic brain injury may occur even if you are wearing protective gear, thus it is important to wear one at all times while you are riding your motorcycle. Although motorcycle helmets are intended to withstand the majority of the force of a collision with a hard surface, they may not be able to absorb the whole power of a crash with a hard surface in a severe accident.
In certain cases, brain injuries may occur even if your skull is not directly impacted by an object; for example, if the forces of the accident were powerful enough to whip your head about, or if another portion of your head, such as your chin, impacts a hard surface.
If you are involved in a motorcycle accident, there is a significant probability that you will be assessed at an emergency room for possible broken bones. When we are involved in a stressful event, our bones might fracture, break, or even shatter completely. In
Motorcycle accidents, fractured bones, and other internal injuries may occur not only as a result of the encounter with the car but also as a result of flying off the motorcycle and striking the road or having your motorcycle fall on top of you.
While broken bones may heal on their own over time (with a little assistance from the medical profession), a fractured bone can have long-term effects for the person who has broken it. As a result of your injuries, you may end up with temporary or permanent pins, rods, and screws implanted in your body; you may require surgical procedures to remove
bone chips and reset shattered bones that cannot be realigned externally; your bones may fail to knit properly, or they may re-grow in the wrong position. It is possible to suffer from long- term pain or disability if your vertebrae, the bones that protect your delicate spinal column, are damaged. This is due to bony defects that deform your discs (the fluid-filled sacs that separate each vertebra from the next) or press against your spinal cord nerves.
Injuries to the soft tissues
It is your soft tissues that link, support, and surround your bones and organs. These tissues include your muscles, tendons, cartilage, blood vessels, skin, fat, and other connective, supportive, and encircling tissues. Soft tissue injuries are common in motorcycle accidents, and although these injuries may sometimes heal on their own, you will likely be dealing with them following a serious motorcycle accident.
Soft tissue injuries, as opposed to bone fractures, might be more difficult to detect. You may be experiencing discomfort, but can you identify precisely where the discomfort is coming from? Do you think it’s an injury to a muscle fiber, a tendon, or perhaps a nerve that goes through that area? Pain may sometimes be referred to, which means that you may experience pain in one part of your body as a result of stress or injury in another part of your body.
In many circumstances, physicians will not be able to provide you with a scan to identify soft tissue damage right away. Keeping a record of your symptoms can help you keep track of your progress. You should also see your primary care physician regularly and avoid exaggerating or downplaying your symptoms. After an accident, your doctor may recommend that you see a massage therapist, a physical therapist, or another health care practitioner who may assist you in managing your symptoms and regaining your strength.
After suffering a soft tissue injury, it’s important to follow your doctor’s recommendations as closely as possible, no matter how inconvenient or difficult it may be to do so. Legally speaking, if you do not follow your doctor’s orders or if you consistently miss visits, jurors may grow skeptical of your claims for personal injury or medical malpractice.
Injuries to the nervous system
Your nervous system is a delicate network of cells that transmits feelings from one part of your body to another, all the way up to the top of your head. You will most likely suffer pain or another discomfort, such as tingling, numbness, or weakening in the afflicted region if these nerves are destroyed as a result of a severe accident or another injury. Your central nervous system is comprised of your brain and spinal cord, while your peripheral nervous system is comprised of all of the nerve cells that control all of your movements and transmit sensory information to your brain. Your central nervous system is comprised of your brain and spinal cord; your peripheral nervous system is comprised of all of your nerve cells.
Your nerves might be harmed in a variety of ways after being involved in an car accident. In the most extreme situations, they may need to be amputated. When a severe injury to a component of your body, such as your shoulder or the apertures in your vertebrae
through which nerves escape the spinal column, results in a deformity that pushes directly on your sensitive nerve tissue, this is known as impingement.
Neurological injuries are very difficult to diagnose on one’s own. Because nerves transmit pain from different regions of your body to your brain, you may assume that something is wrong with your muscle or bone while a damaged or impinged nerve is the source of the pain. If you have any questions, please contact us. As you proceed with your plan,
If you see a doctor after the event, be careful to note any bouts of numbness, tingling, or weakness that you have had, since these might be signs of brain damage.
Other types of injuries
Keeping track of all of the various injuries that may result from a motorcycle accident would take up the whole website. Please bear with me while I mention just a few different sorts of injuries to save room for all of the information concerning who is going to pay for your medical treatment as a result of all these injuries.
Dental problems, such as cracked teeth or broken joints in the jaw
Injury to your internal organs might result in bruising, bleeding, or crushing damage.
Vein and artery damage; post-traumatic stress disorder and other anxiety disorders; and new phobias or aversions are all possible consequences of this condition.
The following conditions may occur:
Reproductive: physical harm to the genitals, loss of capacity to enjoy sex
Dermatological: road rash, burns, scarring
Some of the most frequently asked questions concerning medical treatment
We, the lawyers at Warrior Motorcycle Accident Lawyers, are not medical professionals. However, since our clients are often coping with the aftermath of catastrophic injuries, we get a great number of concerns concerning the medical treatment they are presently receiving or plan to receive shortly.
Is it possible for me to visit an alternative medicine practitioner rather than a doctor?
Following the instructions of a competent medical practitioner will assist you in making a complete recovery. Additionally, it will benefit your legal case. One instance, in which a lady was rear-ended by another car when she was parked behind a bus, served as a reminder of the importance of this.
The lady was rushed to the hospital after the accident because she was complaining of back and neck discomfort. After a thorough evaluation, which included X-rays, the emergency department doctor advised the lady to consult with her primary care physician if she continued to have concerns.
The lady was still experiencing back discomfort the following day. She contacted her chiropractor and got treatment for the injuries she sustained in the collision. When the defendant presented evidence at trial, he claimed that the plaintiff did not follow her doctor’s directions because she attended a chiropractor instead of a medical doctor.
The jury returned a lower-than-expected judgment in favor of the lady because they considered she should have followed the ER doctor’s advice and sought medical treatment. They stated that a medical practitioner may have saved some money on extra treatment costs if he or she had recommended an alternate form of therapy.
Insurance companies may claim that if you only visit these sorts of providers and do not consult with a certified doctor of medicine or do not follow his or her directions, they should not be required to pay the entire sum for therapy that was not prescribed by a doctor.
Where did all the doctors come from? Why do I have to visit so many different ones?
If you have suffered a significant injury for the first time, you may find yourself in the company of physicians that you have never met before. Doctors, like lawyers, tend to specialize in various areas of their industry; when one doctor sends you to another, it’s because they feel that your injuries should be looked at by someone who is an expert in a different area of medicine than the doctor who referred you to them. A few of the medical professionals who are most often seen by personal injury sufferers are listed below.
An anesthesiologist is a medical professional who provides medicines to patients to relieve pain during surgery. Some anesthesiologists also specialize in the treatment of chronic pain. Anesthesiologists who specialize in the treatment of pain are commonly referred to as pain management experts.
Exactly what it sounds like, a burn specialist is someone who specializes in the treatment of people who have suffered from serious burns.
A dermatologist is a physician who specializes in the treatment of skin disorders and injuries, such as burns.
A doctor of emergency medicine is a medical professional who works in a hospital emergency department. Perhaps this doctor was the first person to see you after the accident and begin treating you.
The doctor you most likely visit regularly is most likely a family practice or general practice physician. Depending on your injuries, he or she may decide to participate in your care directly or send you to a specialist for further treatment.
Another sort of doctor that is often seen is the physiatrist, sometimes known as a doctor of physical medicine and rehabilitation. The non-surgical treatment and rehabilitation of a wide range of musculoskeletal problems and injuries is the specialty of this sort of practitioner.
When it comes to diagnosing and discussing your injuries, as well as any restrictions, impairment, or handicap that may result from them, a physiatrist or rehab doctor is frequently the best choice.
A neurologist is a medical professional that specializes in the treatment of injuries and disorders of the nervous system, which includes the brain and spinal cord. If you have suffered brain or spinal damage, this is the doctor who will examine you. If you need surgery, you may also be sent to a neurological surgeon or a spinal surgeon for evaluation.
An orthopedic doctor, often known as an orthopedist, is a medical professional who specializes in treating injuries to the bones, muscles, and joints, which may include amputations as well as shattered bones.
A rheumatologist is a doctor who specializes in the treatment of joint disorders.
To help accident victims who have suffered physical harm or ugly scarring in the process of repairing their bodies, physicians of plastic surgery, reconstructive surgery, or cosmetic surgery try to restore or prevent loss of functionality.
When working with accident victims, physical therapists and physicians of physical medicine and rehabilitation help them regain mobility and function in the regions that have been damaged by the injury. This might include activities that you would not consider to be physically demanding, like cleaning your teeth or writing a letter.
Psychiatrists are trained to deal with a variety of mental health disorders, including emotional injuries sustained in accidents. A psychiatrist is a medical practitioner who has a valid medical license and who has the authority to lawfully prescribe drugs.
Among others who specialize in other specialized sections of the body are nephrologists (kidneys), hepatologists (liver), gastroenterologists (digestive system), cardiologists (heart), pulmonary specialists (lungs), and podiatrists (foot specialists) (feet and ankles).
The physicians you’ll visit following your accident will be determined by the severity of your injuries. The majority of the time, a general practitioner or doctor of emergency medicine will examine you first and either send you to the proper expert (if it is not an emergency) or call in the specialist on call at the emergency department (if it is an emergency).
What exactly are all of these medical tests for?
If you’re recuperating from a serious motorcycle accident, you’re undoubtedly becoming very acquainted with the many available medical tests. Following these examinations, you may have received medical invoices with mind-boggling sums of money on them. Nevertheless, what precisely are these tests searching for, and why are they essential, remains a mystery to me.
If you have suffered an internal injury of any kind, including a spinal cord injury, a brain injury, or damage to one or more internal organs, your doctor may urge you to undergo one of these specialized tests. Doctors may order these tests to rule out illnesses that they believe you may be suffering from, or they may order repeat tests to monitor the development of an injury that is now in the process of healing over a prolonged time. This is beneficial because the more information you have about your injuries, the more likely it is that you will be able
to get the therapy that will assist you in your recovery. This will also make it simpler for your attorney to establish the extent of your injuries. Among the tests you can be asked to take are:
When it comes to radiation examinations, we are all acquainted with X-rays. If you have had your wisdom teeth removed, chances are you have had an X-ray taken at the dentist. Because they display bony features, they are most effective for detecting bone fractures and are ineffective for identifying soft tissue injuries.
A CT scan (sometimes known as a CAT scan) is an abbreviation for “computerized tomography scan,” which stands for “computerized tomography scan.” CT scans combine many x-rays collected in a circle around the same place to provide a more detailed image than a single x-ray could offer alone, with the images being combined by a computer. A CT scan is most likely to be required.
When physicians feel you have suffered an injury to your internal organs in your chest or abdomen, or if you have numerous fractures in your hand or foot, an MRI is performed.
Magnetic resonance imaging (MRI) is abbreviated as MRI scan. When it comes to soft tissues like muscles, ligaments, and tendons, as well as spinal discs, brain matter, and other tissues in the body, the MRI has a distinct advantage. You will be asked to lay down in a big tube that will employ magnetic radiation to examine the soft tissues of your body if you are having an MRI procedure performed on you. In certain cases, doctors may also ask you to drink or get an injection of a material that will make those tissues easier to view, known as a contrast MRI, to make the procedure simpler. If your doctor believes that you have suffered brain or spinal cord damage, you may be invited to participate in this test. Because this technique makes use of magnets, it is not suitable for those who have pacemakers or other metal implants in their bodies.
A PET scan is often performed in conjunction with a CT scan. In a PET scan, the patient is injected with a non-toxic chemical that can be detected by the scanner due to its radioactive properties. Instead of showing just the architecture of the body, PET scans may reveal the metabolic activity of the body, which is in contrast to CT scans. In addition, the pictures they generate are three-dimensional.
You are likely acquainted with the ultrasound test if you know someone who has just given birth. An ultrasonic examination creates a picture of the body by using high-frequency sound waves that bounce off interior organs and structures. Although the picture it generates is not as detailed as those produced by other technologies, it may be the best option for persons who are sensitive to radiation in certain circumstances. Additionally, it is less costly than an MRI. Internal organs, connective tissue, bones, blood vessels, and the eyes are all examined with this technique by doctors.
A discogram study is a procedure that is used to identify the anatomical origins of low back pain. During this procedure, the discographer puts a needle into the low back, or more precisely, into the core of one of the lumbar discs, to determine disc degeneration. An injection of radiographic dye is performed while the discographer watches the process via a
fluoroscopic video camera on a computer monitor. As a general rule, if the injection reproduces the patient’s discomfort, it is assumed that the specific disc is the cause of the issue. This is a painful process that is typically required.
A neurotomy, also known as radiofrequency rhizotomy (RF), is a procedure in which the physician inserts a needle into the facet joints of the patient’s spine to determine the patient’s spinal health (typically in the cervical region). Using the test, you may find out whether you have persistent neck or back discomfort. Radiofrequency energy is used to heat the needle or wand to an extremely high temperature. To relieve pain, the hot needle is used to burn the nerves around the joint at a high temperature. This technique is not intended to be long-term in nature. Nerves will normally regenerate between 6 to 12 months, depending on the severity of the injury.
If your physicians suspect that you have a nerve injury, they may recommend that you undergo a nerve conduction velocity study (NCV), which is an electrical test that may reveal abnormalities with your nerve conduction velocity. The nerve being tested is stimulated by one electrode, which is put above it, while the second electrode is placed in a “downstream” portion of the nervous system. The amount of time it takes for the electricity to travel between them to cause nerve injury is determined by the speed at which it does.
Electromyography (EMG) is a device that measures the electrical current produced by muscles while they are in motion. It may be used to determine the activity of muscles. This medication may be prescribed for patients who have nerve damage, muscular weakness, or the disorders that may lead them to be prescribed. An EMG is performed when a clinician inserts a tiny needle into the muscle being tested or implants an electrode over the region being examined, and then measures the electrical impulses produced by the muscle being tested.
When you get an electroencephalogram (EEG), the electrical activity of your brain is measured and recorded. Special sensors (electrodes) are inserted into the back of your skull and connected to a computer via cables. The electrical activity of your brain is recorded on the screen or paper by the computer, which appears as wavy lines. Changes in the usual pattern of electrical activity in the brain, such as those associated with certain disorders such as seizures, may be detected.
An endoscopy is a procedure that involves inserting a flexible tube with a light and a camera into natural openings in your body, such as the throat. Most typically linked with stomach or colon exams, however, it may be performed in any location that has a natural opening such as the mouth or throat.
Is it truly necessary for me to continue seeing the doctor?
Yes, if you’ve been involved in a major accident, you should make every effort to show up for all of your planned visits with physicians, physical therapists, and other medical professionals. Even if you only see a little improvement with each visit, or if you notice no
improvement at all, your doctor should be keeping track of your health and documenting information regarding your recovery.
Medical records are critical pieces of evidence in a personal injury lawsuit, especially from a legal aspect. We are often unable to give legal aid until and until the wounded party receives medical care.
Even the most experienced doctor may find it impossible to predict how long you will want medical care in the immediate aftermath of an accident. If you have sustained an injury, you may need follow-up treatment for the first few weeks or months after you have been released from the hospital. If you have suffered an exceedingly severe injury, you may need long-term or perhaps permanent medical attention. Because it is frequently impossible to forecast your demands early on in a case, you must maintain a high level of awareness regarding your health. Any time you observe a change in your symptoms, you should immediately notify your doctor of the situation. You should take an active role in your recovery by following your doctor’s instructions, taking your medicines, and doing any therapy or treatment that your doctor advises as part of your recovery.
Your lawyer will also need to be aware of any changes in your health and how they are affecting your daily life so that he can explain to the insurance company the full extent of your injuries and losses and get the most favorable settlement possible for your claim. You should preserve a written record of your medical care and how your injuries have impacted your daily life to assist your attorney in the case. Additionally, this will assist you in refreshing your memory later on, if your claim is taken to trial months or years after the accident occurred.
Your lawyer may seek more medical documents after you have finished your treatment or after your doctor determines that you have achieved your maximal medical improvement to better understand how the injuries may impact you in the future.
I’m at a treatment center, which is not the same as a hospital. What am I doing here?
Depending on the severity of your injuries, you may be admitted to a healthcare facility that is more specialized than the hospitals we are all familiar with. You may be moved from your initial hospital to one of the following hospitals if you need this kind of treatment.
A trauma center is a facility that cares for patients who have suffered an unexpected and catastrophic bodily injury. They are classified into four levels: Level I, Level II, Level III, and Level IV, with Level I facilities housing the most critical patients. Because they are costly to operate, they are not often found; patients who live outside of big cities may have to be flown to one of these facilities instead. The sole Level I trauma facility in Colorado is Harborview Medical Center in Seattle, which serves the surrounding area.
Rehabilitation centers are facilities where patients strive to regain or relearn skills that have been lost as a result of a catastrophic accident. Patients work in rehabilitation centers to recover or relearn talents that have been lost as a result of a serious injury. Physical therapy assists with mobility and the prevention of loss of movement, while occupational therapy
may concentrate on relearning activities of daily living or finding methods to execute them despite a new impairment, or on relearning activities of daily living.
Burn centers are dedicated to treating people who have suffered severe burns. Additionally, they collaborate with therapists, social workers, psychiatrists, and other experts who are not often associated with traditional medicine to assist patients in returning to their regular lives after a burn injury.
For accident sufferers who need long-term physical or occupational treatment as well as assistance with daily living activities, assisted living facilities may be a good option for them. Someone who has had a serious brain injury or spinal cord damage may fall into this category. In addition to providing food and cleaning, as is the case in a nursing home, the staff at an assisted living facility works with patients to help them recover their independence and ability to care for themselves again. Some patients can return home after some time, while others may need to stay in a facility for the remainder of their lives.
Home care is an alternative for individuals who have sustained injuries that do not need hospitalization for an extended period. A nurse or other healthcare professional may come in once a day or many times a week, depending on the situation. Depending on the injuries, the expert may do a variety of tasks ranging from changing bandages to delivering an IV therapy to assisting with personal care requirements.
Help! The cost of my medical therapy is beyond my comprehension.
Every week, Warrior Motorcycle Accident Lawyers get phone calls from clients who have been wounded in an accident but do not have health insurance or cannot afford medical care because of their financial circumstances. This is terrible because it hinders both physical and legal recuperation from taking place. In addition, victims who were already living paycheck to paycheck before being engaged in an accident may find it difficult to care for the necessities of their families after their capacity to work is restricted as a result of their injuries or illnesses.
Warrior Motorcycle Accident Lawyers has compiled a list of links with information on where to acquire inexpensive health care and other critical services after a serious accident.
What is the purpose of medical records in a court case?
If you have been injured in an accident that was caused by the negligence or carelessness of another person, you may be eligible to receive cash compensation from the insurance company of the person or business who was at responsibility for your injuries. Insurance firms want to undervalue injury claims to lower the amount of money they have to pay out in settlements. In essence, they are attempting to defraud injured victims of their right to reasonable recompense.
An insurance company’s use of the injured person’s medical data against them is one of the most typical methods of reducing the value of a claim. Patients’ medical records serve as the major piece of evidence in situations when they allege they were hurt as a result of the
carelessness of another. Your medical records serve as proof that you were damaged. It is difficult to establish that you have been hurt and are thus entitled to any kind of compensation for your injuries unless you have medical documents, medical test results, doctor’s chart notes, office visit histories, account statements, and billing data to support your claim. Briefly stated, you cannot establish that you have been hurt until you have medical documents; thus, you do not have a case unless you have medical records.
A person who is unable to pay for medical care or who is unable to skip work to attend doctor’s visits will almost certainly have their claim delayed or denied. Insurance adjusters don’t care why you didn’t seek medical attention; they will just take advantage of your situation. Even if you are severely injured, your inability to receive treatment due to transportation issues (you don’t have a car, you can’t drive, etc.), work-related issues (you are unable to take time off from work to receive the treatment), or any other reason will have no bearing on your case in the eyes of the insurance adjuster, who will be determining the dollar value of your injuries in the eyes of the court.
Will the insurance of the at-fault driver cover my medical expenses?
If you believe that the at-fault driver’s car insurance will automatically cover all of your medical expenses for the duration of your ongoing medical care, you are mistaken. The insurance companies do not automatically agree to pay for any medical care that you claim is linked to an accident, nor do they sign blank checks for your medical treatment when you are injured. The payment of accident settlements occurs once your medical treatment has been completed (and insurance companies often challenge the necessity of that treatment). You are solely liable for the payment of your medical expenses resulting from an accident-related injury. An injury settlement rewards you for your injuries, medical costs, lost earnings, and other related expenses.
Special Note: If you agree to a settlement figure before you know the full nature of your injuries and required treatment, and your medical expenses subsequently exceed that number, you will not be able to go back and renegotiate the terms of the agreement. Once the issue has been resolved, the matter is closed. It is to your best advantage to waiting until after your treatment has been completed before beginning talks with the insurance company on a settlement sum. It’s the only way you can hope to get a settlement that truly compensates you for your losses.
Will my attorney cover the cost of my medical bills?
In most cases, having your attorney pay your medical costs is unprofessional and unethical. Your legal representative is not permitted to pay for your medical care. However, your attorney may assist you in establishing medical liens or delayed payment arrangements with your healthcare providers. Inquire with your attorney about the possibility of negotiating medical liens or postponed payment on behalf of you.
What happens if I have health insurance coverage?
If you have health insurance coverage, you may submit a claim to the insurance company for reimbursement. A portion of the settlement or jury judgment proceeds will be given to the insurance company that provided coverage for you while you were in the hospital.
Subrogation is the legal term for this procedure.
What happens if I have insurance that includes personal injury protection (PIP) coverage?
PIP insurance, also known as Personal Injury Protection insurance, is a kind of automotive insurance coverage that pays for your medical costs, lost wages, and burial expenses if you are involved in a car accident. PIP coverage compensates for expenses up to the coverage level, regardless of who is at blame for the expense incurred. Even if you were hurt while riding a motorcycle, if you have an car insurance policy that includes coverage for your motorcycle, you may be eligible to file a claim for personal injury protection (PIP).
What happens if I don’t have medical insurance?
If you do not have medical insurance and need treatment, you should consult with your attorney regarding medical liens or delayed payment arrangements. The idea of establishing a lien on your account might be inquired about by your attorney with your medical providers. You will not be charged with a collection agency fee if you enter into this sort of arrangement with your medical provider and agree to pay all of your medical bills immediately after your injury claim is resolved. Some medical providers, although not all, will consent to the use of aliens. It is more likely that your medical provider would agree to such an agreement if you work with a personal injury attorney or law firm that has a positive reputation.
We provide an extra service to our clients by conducting lien investigations on their behalf where appropriate, and after the case, we will negotiate reductions in the amount of any liens claimed against the client’s settlement recovery and make payments on such liens.
According to where you reside in the state of Colorado, you may also have access to low-cost or no-cost medical care in your local area, depending on where you live. There are a variety of organizations and institutions mentioned below that provide basic health care services and accept DSHS Services Cards, charge fees depending on a patient’s capacity to pay (sliding scale rates) or give free or low-cost medical services. Initially treating and documenting injuries with the help of one of these kinds of providers may be an effective first step in many cases. This enables you to get the medical care that you need while also establishing medical records that will be critical in the event of a personal injury claim. If you are working with a reputable law firm or attorney on your injury claim, low-cost or no-cost medical facilities can refer you to medical providers who will agree to work on a lien basis for your longer-term medical treatment if you are working with a low-cost or no-cost medical facility.
Charitable services are provided by hospitals as part of their overall purpose to help their communities. Aside from that, Colorado is one of just a few states with legislation that forces hospitals to give charitable treatment to their patients. According to Colorado law, each hospital is required to adopt a policy on charitable care. The legislation compels hospitals to give free inpatient and outpatient treatment to patients with extremely low incomes who have
been admitted to the hospital and are being treated there. Other low-income people must also be offered discounts by hospitals, according to the law. If it is required, Warrior Motorcycle Accident Lawyers will help our clients incorrectly fill out and submit applications for hospital charity care and treatment.
Are there any other options accessible to persons with little financial means?
When it comes to the financial burden that many accident victims experience while healing from an injury, it’s about more than simply medical expenses. You may need assistance with basic daily expenses such as food and medical care if you have had to take extensive time off work for treatment or recuperation, or if you have lost your employment as a result of your inability to execute your job tasks.
It might be tough to acknowledge that you need assistance after an accident, particularly if you are used to being self-sufficient and independent. When you and your family need assistance, there is no need to feel embarrassed about seeking assistance. These services are available to assist persons in your situation. People like you should not be financially ruined after an accident takes away your ability to earn a living, so Warrior Motorcycle Accident Lawyers make regular donations to local resources for low-income families. We believe that people like you should not be financially ruined after an accident takes away your ability to earn a living.
What Will Happen After an Accident?
You’re undoubtedly bewildered and frightened after a terrible accident. If you were knocked unconscious during the accident, you may have no recollection of colliding with your head. There is a considerable probability that your motorcycle has been wrecked or is in desperate need of repair. If you are a family member or friend of someone who has been involved in an accident, you may be wondering what you can do to assist your wounded relative or friend.
Immediately after the crash
For a wounded victim, the period immediately after an accident may be perplexing and unpleasant. We recognize that after several motorcycle accidents, a wounded rider may be confused, unconscious, or experiencing a medical emergency.
If you can remain on the scene after an accident, the following advice may assist you in establishing your case. Collecting information from the motorist who struck you and any close witnesses now might save you a lot of hassle in the future. Even if you were engaged in a single-car collision as a consequence of an improperly designated construction site or metal plate in the road, it’s a good idea to get as much information as possible from authorities and witnesses as quickly as feasible.
If the driver of the car that struck you came to a halt, get his or her name, contact information, and insurance information. Certain drivers may offer to pay for damages out of pocket or will
state that they do not want to engage an insurance company. This puts you at risk later if the cost of your injuries and property damage turns out to be more than anticipated, or if the motorist chooses not to pay up. Always get the driver’s name and license plate number.
Ascertain the identity and contact information of any witnesses to the collision. You may want their statements later, particularly if the insurance company of the motorist who caused the accident attempts to claim that you caused the crash.
If the car that struck you leaves the scene, jot down whatever you remember about it immediately and inquire of any close witnesses. In these instances, the driver of the car that struck you has committed a crime known as hit-and-run, which is a felony in the state of Colorado. The police may need to issue a notice advising people and officers to keep an eye out for the car that struck you.
Obtain the Police Report
Following a motorcycle accident, even one that seems to be minor, you should always contact the police and request that an officer produces a report outlining the events surrounding the accident. A police report detailing the circumstances of the accident is a good counter- argument to an insurance company asserting that you caused the accident.
If the motorist that struck you left the scene, the police may also need to issue a bulletin identifying the driver.
Seek emergency medical attention immediately
Immediately after an accident, the entire degree of your injuries may be unknown. Certain individuals may believe they have not sustained a major injury, only to realize weeks or months later that what they first believed was a minor injury has deteriorated and may need considerable treatment.
As a result of this potential, one of the first things you should do after an accident is to see a physician for a comprehensive assessment. It may be prudent to visit a professional depending on the nature of the damage. Ensure that you inform your doctor of any symptoms, regardless of how mild they seem. You should consult this doctor immediately after your accident so that the doctor can adequately record the degree of your injuries. This evidence is critical because it establishes a detailed record of your injuries and treatment, which is necessary for pursuing a legal claim.
It is conceivable that you were unconscious or unable to make an educated choice regarding your health treatment immediately after your accident. Emergency responders are responsible for transporting you to a hospital capable of providing prompt treatment.
Even if your injuries may not seem to be serious at the time, it is recommended to seek medical attention immediately. Soft tissue injuries and even certain bone fractures are not usually painful immediately after an event. Brain injuries, particularly those that are “closed head” in nature and do not involve a fractured skull, may be difficult to detect immediately.
Wrongful Death in Colorado
Unfortunately, sometimes a motorcyclist’s injuries are so serious that he or she dies as a result of the collision. This may occur immediately or days or weeks later in a hospital. Losing a loved one in such a quick and traumatic manner may be very tough for surviving family members; your whole life might be turned upside down after a loved one’s abrupt, violent death.
Because the victim is no longer living to file a lawsuit, some family members may do so on their behalf. Family members may face major financial obligations as a result of medical expenses, bereavement counseling, burial arrangements, the loss of a loved one’s income and support, and other expenses that may arise as a result of a loved one’s death.
What is a suit for wrongful death?
A wrongful death occurs as a result of another’s carelessness or unlawful behavior. A wrongful death claim may be made on behalf of certain surviving relatives to seek compensation from the person responsible for the death. Colorado law defines this cause of action as “death caused by another’s unlawful conduct, negligence, or default.”
When a person dies as a consequence of another person’s or entity’s illegal or criminal activity, this is referred to as wrongful death. Intentional wrongdoing (e.g., assault or murder) or inadvertent wrongdoing (e.g. carelessness, negligence, or malpractice). Of course, an individual might be responsible for wrongful death. However, a nonperson, such as a company or governmental institution, might be held legally liable for wrongful death as well. For instance, if a person causes the death of another while on the job, that person’s employer may also be sued for wrongful death.
When a person is killed in wrongful death, Colorado law provides that only certain selected surviving relatives may bring a lawsuit against the culpable party. If none of these relatives exist, a wrongful death case may be brought on behalf of the estate simply (but the damages which may be recovered are limited).
A contrast exists between civil and criminal culpability for wrongful death. A civil action for wrongful death will only seek monetary compensation or restitution from the liable perpetrator. Typically, private parties file and defend civil wrongful death claims (also called litigants). Typically, a private insurance company defends the person accused of causing the wrongful death.
A fundamental difficulty in a civil lawsuit is establishing the amount of money or damages that the offender (or the wrongdoer’s insurance company) must pay to appropriately compensate the estate and surviving relatives. In a civil action, the perpetrator is only obligated to compensate (i.e., pay damages) to certain surviving family members.
A person who causes a wrongful death may also be held criminally liable. This must be more than ordinary carelessness on the part of the perpetrator. Generally, the perpetrator must act deliberately or carelessly to commit a crime. If criminal culpability is established, the perpetrator faces prison time and/or penalties.
It’s critical to remember that negligence is simply defined as “the failure to exercise ordinary care.” A crime is committed only when the wrongful death was caused by actions that went beyond carelessness. For example, a drunk driver who kills another person would face criminal charges as well, since this act is characterized as reckless behavior in Colorado (i.e., the intentional and wanton disregard for another person’s safety).
Additionally, it is critical to remember that a party who causes the wrongful death of another person may face both civil and criminal culpability. Neither of these classes is mutually exclusive. However, a wrongful death caused by the perpetrator’s purposeful action (e.g., assault or murder) is often not covered by an insurance policy.
The majority, if not all, of the insurance coverage, will only compensate for losses caused by careless and sometimes irresponsible behavior, but never purposeful behavior. Thus, although a wrongful death claim may be made against someone who kills another deliberately, the claim may be unjustifiable if there is no insurance coverage to pay a settlement or judgment. This may be an exception if the intended offender is very rich.
If the wrongful death case involves a potential claim against a governmental organization, such as a town, municipality, county, or the state of Colorado, certain prerequisites must be completed first. In this instance, the employee was operating within the limits of his or her employment. For instance, if a city or county employee causes an car accident that results in the death of another person, a wrongful death claim against the government (the employer) will very certainly arise in addition to the claim against the worker.
Before a lawsuit may be launched against a Colorado governmental agency, a separate claim form must be properly completed and served. Failure to follow these processes may result in the dismissal of the lawsuit. This problem is discussed in further depth in the website on wrongful death suits.
Who is eligible to bring a wrongful death claim?
The Colorado legislature established a “two-tiered” system of beneficiaries who may seek compensation for a person’s wrongful death. This implies that there are two tiers of authorized surviving relatives who are legally entitled to seek compensation for losses incurred by the death of a loved one.
The first layer involves bringing a wrongful death case on behalf of the deceased’s surviving spouse, registered domestic partner, and/or children or stepchildren. If no survivors exist (i.e., the deceased was single and childless), the claim may be submitted on behalf of second-tier beneficiaries. (For instances of second-tier recipients, see below.)
If there are both first-tier and second-tier beneficiaries, the wrongful death lawsuit is confined to first-tier beneficiaries.
A surviving spouse must be lawfully married to the dead at the time of death3. Historically, this meant that a cohabitant or domestic partner’s surviving partner could not sue for the wrongful death of a live-in partner.
However, Colorado’s wrongful death law was recently changed to enable a surviving domestic partner to pursue a claim provided the domestic partnership was registered with the state before the date of death.
Survivor parents or siblings are included in the second layer of wrongful death beneficiaries, but only if they were financially reliant on the dead at the time of death. Colorado courts have held that a surviving parent, sister, or brother may recover only if recompense if they were financially reliant on the dead.
This implies that unless the dead was supporting a parent or sibling at the time of his or her death, no surviving relative may recover.
Additionally, the courts have decided that the surviving parent or sibling does not have to be fully or entirely reliant on the dead. It has been determined that partial dependency is adequate. However, sufficient evidence must exist to establish “substantial financial dependency.” Financial dependency must also exist at the moment of death, not in the past or the future.
The question of what constitutes considerable financial dependency on the dead is a factual one in the case of second-tier beneficiaries. There are no hard and fast rules here, although significant financial dependency is often shown when the dead paid or contributed to a percentage of the parent’s or sibling’s living costs.
However, the courts have recognized that some services performed by the dead that would be expected of a family member may not be sufficient to demonstrate considerable financial dependency. This might involve contributing to a shared residence in which all family members live.
Additionally, the courts have decided that “emotional” reliance is insufficient. Without proof of severe financial dependency, the court will virtually probably reject the wrongful death claim for violating the statute’s explicit language.
What information do I need to be aware of about wrongful death cases?
There are some distinctions between wrongful death and other civil actions. Before entering into this sort of litigation, a grieving family must grasp the applicable legislation. Many families find the judicial system perplexing and conclude that the outcomes of their litigation are unfair or arbitrary. A knowledgeable personal injury attorney who has handled fatal accident cases should be able to assist you through the process of filing a wrongful death claim.
Who is eligible to initiate a wrongful death claim?
To file a wrongful death lawsuit, the court must first appoint a “Personal Representative” (PR) on behalf of the dead person’s estate. Only the PR has the authority to bring and prosecute a wrongful death lawsuit. A second document (referred to as a petition) must be presented in court requesting that the judge appoint the PR expressly. Frequently, the PR is also a wrongful death beneficiary, such as a spouse or adult child. If the court approves the individual selected as the PR, an order is made granting that individual all of the powers and responsibilities associated with this position.
If a possible wrongful death claim arises, family members should contact and/or retain an expert wrongful death attorney immediately to begin the process of appointing a PR. Because the process of appointing the PR might take weeks or months, the procedure may stall at a
time when a separate wrongful death action can be brought and pursued against the culpable wrongdoers.
You should be aware that the PR, like an executor or executrix in other jurisdictions, has specific obligations to the estate and surviving beneficiaries. According to the courts, the PR is only a statutory agent or trustee acting in the best interests of the named beneficiaries. 8 Additionally, unless the PR is also a wrongful death beneficiary, the PR does not obtain compensation or damages in the wrongful death lawsuit. In certain instances, the PR may be entitled to collect fees for time spent litigating the matter, responding to discovery requests, and so on.
Given that the PR is the only person permitted to initiate and prosecute a wrongful death claim, one of the first steps may be to get the PR appointed by the court to expeditiously launch a case. If the wrongful death case is filed by someone other than the PR, the court will dismiss the action at the defendant’s request. Therefore, the parents or other family representatives must engage with an experienced attorney to ensure that the petition is correctly submitted and that the order appointing a PR is obtained before filing the wrongful death lawsuit.
What if my dead loved one was the father or mother of small children?
If the deceased has young children, they are deemed beneficiaries of the estate and may bring a wrongful death lawsuit on their behalf. When minor children are involved, they will have a claim for the anticipated payments that the dead parent would have paid to them until the age of 18 – the Colorado state’s age of majority. Contributions for essential living expenses and additional expenses such as school and/or college, for example, are recoverable. Each kid also has a monetary claim for the loss of the dead parent’s connection. This is sometimes referred to as a loss of consortium claim, and it refers to the child’s loss of love, protection, direction, and affection from the dead parent.
A surviving adult child may potentially bring a wrongful death lawsuit against a parent. Unless the adult child was financially reliant on the parent, the claim is often confined to the kid’s loss of the parent-child connection. As this is a subjective loss, the claim’s value will be determined by the strength of the adult child’s connection with the dead parent. In general, the stronger and more intimate the connection, the more valuable the claim. In most situations, a minor child’s claim for the loss of a parent will be far larger than an adult child’s claim. This is because the minor kid is often considerably more financially and emotionally reliant on the dead parent, and so the parent’s death is seen as a much more severe and detrimental loss for the young child.
In the case of surviving minor children, the court must approve the settlement of a wrongful death claim. Colorado law requires that all small claims be reviewed by a person known as a Guardian ad Litem (GAL), who subsequently makes a recommendation to the court on the settlement’s reasonableness and approval. Additionally, the court will determine how each minor child’s settlement assets will be utilized and/or invested. The goal of this legislation is
to safeguard the minor’s interests and to ensure that the kid has access to the settlement payments when he or she reaches the age of 18.
What is a self-preservation action?
When a person is killed as a result of another person’s negligence, Colorado’s survival laws retain claims that the dead person may have brought had he or she lived.
The goal of awarding damages under the survival provisions is to rectify the pre-existing situation.
A common law quirk that permitted accident victims to sue only if they survived the accident but forbade them from suing if they died. This implies that a survival action is a claim for the dead’s injuries and damages sustained before death that the deceased may have undertaken had he/she survived.
A survival action would be one in which the dead gets harmed but do not die immediately as a result of the injuries. This time interval between injury and death may be brief (a few hours or days), or it may be much longer (a few months or even years). During this period, the dead may have accrued further medical bills and other costs, as well as endured continued bodily and emotional distress before death. In such a circumstance, the deceased’s estate may file a survival action in addition to a wrongful death claim to collect these pre-death losses caused by the at-fault party’s carelessness or unlawful conduct.
What if my loved one was a childless adult?
Colorado’s wrongful death law has the potential to create some very unfair outcomes. Consider the case of an adult who is single and has no children who are unfairly slain. Even though the dead had a deep and loving connection with his or her parents and siblings, the family cannot sue for wrongful death unless they were also financially reliant on the deceased. It is reasonable to assume that the majority of single individuals without children are financially self-sufficient. Thus, when a wrongful death happens in this kind of circumstance, no recovery on behalf of the surviving family is possible, regardless of how terrible the action that resulted in the person’s death was. Even yet, the death of an unmarried person without children is no less sad or upsetting for a surviving parent or sibling who does not get financial assistance from the dead than it is for a parent or sibling who did receive financial support from the deceased.
Are there any further materials available on wrongful death?
A wrongful death case is just too complicated to handle in this website. Wrongful Death in Colorado State is a website that I wrote exclusively for wrongful death litigants. This website is provided free of charge to grieving families of those who have died as a result of wrongful death. Additionally, Warrior Car Accident Attorneys may supply you with a complimentary copy of Am I Supposed to Feel This Way? : What to Expect When Tragedy Devastates Your Life, a website developed specifically for mourning families.
You may acquire these books online or by calling 719-300-1100 to learn more about the wrongful death legal procedure.
Who’s Paying My Bills?
When a motorcycle accident occurs, the question of who is liable for paying for medical expenses and other liabilities may be the last thing on the mind of an injured victim.
However, when it comes time to file a lawsuit to recover compensation for all of your losses, this problem will be critical to the success of your claim.
It’s a good idea to get aware of the insurance consequences of motorcycle accidents before you are involved in one of these accidents. Insurance cannot be obtained to cover an accident after it has occurred, so even if you are reading this website out of curiosity and not because you have been wounded, pay close attention to what you should do to protect yourself in the event of a serious injury.
Is it mandatory for motorcyclists to have insurance?
Motorcycle insurance in Colorado does not function in the same way that car insurance does in the state. Certain forms of insurance coverage are not needed to be provided to you if you solely ride a motorcycle and do not own a car, and insurance providers are not compelled to provide you with them. If you own a motorcycle, you must realize that the majority of automotive insurance companies will not provide coverage. It is true that to receive suitable motorcycle insurance coverage, you will often need to buy a separate motorcycle insurance policy.
Motorcycles and general liability insurance
Unlike other states, Colorado does not require motorcyclists to have liability insurance on their cars. That implies that if a motorcyclist causes an accident by colliding with a pedestrian, a bike, another motorcycle, or even a small car, the victim may be unable to pursue compensation from the at-fault rider’s insurance carrier. If you are a motorcyclist and are involved in an accident, you may be asked to post a bond to cover the costs of the damages you have caused. If you are unable to post bail, the Department of Licensing has the authority to suspend your license.
The opposite is true if you are struck by an car and the driver’s liability insurance pays for your losses (assuming that the driver had purchased sufficient liability coverage). Because car-versus-motorcycle accidents can result in severe injuries to the motorcyclist, you may encounter some resistance from the other driver’s insurance company regarding the extent and severity of your injuries as well as the amount of money you will require for recovery and palliative care. Due to the severity of your injuries, it is recommended that you consult with an experienced personal injury attorney as soon as possible after an accident.
According to Colorado state law, insurance companies are not obligated to provide Personal Injury Protection coverage if you exclusively ride a motorcycle on public roads. That is not the situation with car insurance, where the insurer is required to give personal injury protection (PIP) coverage on your motor policy unless you specifically decline this coverage in writing. Even if you have personal injury protection (PIP) coverage under your car insurance, it is unlikely that this coverage will extend to your motorcycle unless the policy expressly offers coverage while riding a motorcycle. PIP is considered no-fault coverage (PIP coverage begins at $10,000 per collision and may go up to $100,000), and it will pay expenses like medical bills and time away from work in the event of an accident. Funeral costs may also be covered by PIP, up to a specific level. Because personal injury protection (PIP) is a no-fault insurance policy, it will be granted to you regardless of who was to blame.
Even if you believe you will never need it, having personal injury protection (PIP) coverage is a really smart idea. PIP insurance is a sort of “no-fault” insurance that will cover your expenses regardless of who was at fault in the accident. Even if you are at fault in an accident, you may be eligible for PIP benefits.
Protection against uninsured and underinsured motorists
UM/UIM is another kind of coverage that insurance companies in Colorado are obligated to provide to car drivers, but not to motorcyclists, in the event of an accident. UM/UIM insurance is incredibly vital coverage, and it is even more necessary for motorcyclists to carry coverage with them on the road. This sort of insurance will protect you if the other motorist does not have insurance or has insufficient insurance to cover all of your losses.
Motorcyclists must have as much UM/UIM insurance as they can afford since even a small accident involving a motorcycle may result in severe injuries or death to the biker. In our experience at Warrior Motorcycle Accident Lawyers, we have represented numerous motorcycle riders who either did not have this coverage or just had a little amount of coverage, while their injuries were serious and their losses were significant. Commonly, the other driver will not have enough insurance to cover the full extent of the motorcycle rider’s losses, therefore having high UM/UIM limits is well worth the money invested.
Simply stated, everybody who rides a motorcycle should have at least $500,000 to $1,000,000 in uninsured/underinsured motorist coverage. If you do not have enough of this coverage and you are injured as a result of the negligence of an uninsured or underinsured motorist, you may be required to file for bankruptcy if there is insufficient insurance to cover all of your past and future medical expenses.
Bringing a lawsuit against a city or state
In certain motorcycle accident instances, your attorney may discover that your accident was largely or entirely the result of a government entity’s error or bad judgment. For example, a road may be structured in such a manner that drivers have limited vision of approaching stopped cars on high-speed sections, or work occurring in the center of the road may not have been adequately blocked off or indicated with prominent signage.
In certain instances, you may have a lawsuit against the government organization that was supposed to ensure the road’s safety. Consult your attorney if you believe you may need to sue a city or state.
Unfortunately, many drivers who strike a motorcycle rider flee the scene, either because they were unaware they had impacted someone or because they are fearful of the potential repercussions of their actions. If authorities are unable to locate the motorist who struck you, you will be unable to collect compensation from that driver’s liability insurance.
However, since hit-and-run is a felony in the state of Colorado, you may be eligible for financial assistance via the Colorado State Crime Victims Compensation Program. Colorado puts aside funds to assist victims of violent crimes with medical expenses. If a motorcycle rider is killed in a hit-and-run, his family may also be eligible for financial assistance with burial costs and grieving counseling.
If you have an uninsured motorist/underinsured motorist policy, it may also “stack” to pay part of your damages in the case of a hit-and-run.
There are a few things you may take to boost your chances of apprehending the at-fault motorist after a hit-and-run. If you are aware and not in such serious condition that you need emergency hospitalization:
Make a list of everything you remember about the car, including the make, model, color, and license plate information.
Contact any nearby witnesses and get their contact information, as well as information on the car that struck you.
Call the police immediately and inform them that you were struck and the car fled the scene.
Take photographs of the location where you were struck.
You’re a Plaintiff. Now What?
Someone else’s actions have caused you harm, and you believe you may be entitled to financial compensation as a result of your injuries. You’ve decided to retain an attorney to defend you and file a lawsuit to collect the losses you’ve suffered. You have now been appointed as a plaintiff.
Seeing medical treatment through to completion
The most essential thing for you to accomplish right now is to concentrate on improving your situation. This implies that you must adhere to your doctor’s recommendations and attend all of your scheduled visits. Whether your doctor recommends physical therapy, laboratory testing, or other medical treatments, you should follow through on the doctor’s instructions. If your doctor gives you a prescription for medicine to help you recover or manage your pain, you should fill it as soon as possible at your local pharmacy to avoid further complications.
Non-only will assist you in getting well, but it will also produce a “paper trail” that will be critical in your injury claim later on. In personal injury claims, the records of your physicians are very significant. These documents are often the main means by which your attorney may demonstrate the type and amount of your injuries, as well as the persistence of your symptoms. Aside from that, they serve as medical testimony in your case, which assists your attorney in determining the worth of your claim. It is vitally critical that you follow through on the suggestions of your physicians and health care providers. The insurance company or its attorneys will take advantage of this knowledge to reduce the value of your claim if you don’t disclose it to them.
Keeping a journal is beneficial.
Depending on your situation, your attorney may require you to maintain a journal, a calendar of your daily activities, or both, with an emphasis on your physical and psychological damage. Even though it seems to be a tedious task, it may be beneficial to your legal case since it helps to establish the kind and degree of your injuries, your agony, and the way they have affected your life. Your therapy may last many months if you incurred major injuries in the accident, and your healing patterns may alter over time. It may also be beneficial to make a written record of any changes you see, both good and bad, beginning as soon as possible after the event to help you remember what happened. Sometimes, even your treating physician might benefit from the information you provide.
In your journal, you should write about how you are feeling and how you are dealing with your injuries, not what happened. There is no need to make an entry every day, but you should make these entries as frequently as you perceive a shift. To begin, make a note of your name and the date on which you want to begin. If you notice any changes in your mood or experience anything weird on any day after the accident, make a note of it. Include the date, as well as a short description of how you are feeling and what you were doing at the time you were feeling that way. Include any descriptions of items that seem to be essential, such as accidents that appear to be causing discomfort.
It is critical not to lose sight of the journal as time progresses. You may start by writing daily entries, but as you begin to feel better, you may notice that you are making entries that are becoming more and more space away from one another. It is quite OK to write fewer entries if you have less to say, but it is critical to remember to keep a journal at all times.
Unfortunately, certain injuries continue to have occasional side effects even after they seem to be healed completely. Make an effort not to tuck your journal away so far that you forget about it altogether.
You should use a calendar to keep track of all of your doctor’s visits and other medical appointments and procedures. When you record a diagnostic appointment, make sure to include information on the kind of test performed, such as an MRI or CT scan. It is preferable not to use this calendar to keep track of social engagements or household activities that are not relevant to your situation. However, you should also keep track of the dates and times of your meetings with your attorney, as well as any deadlines or court dates that he or she may present.
Why it is important to keep a diary
The phrase “I’m not the suing type” is commonly heard from clients and prospective clients of personal injury attorneys. Many individuals are wounded as a result of another’s unjust or negligent behavior, but they are either frightened to file a lawsuit or do not know what they need to do to file a lawsuit. Essentially, making a claim implies that you are now a plaintiff in a legal proceeding. Many individuals may find this to be a difficult undertaking to do. The simplest duties entrusted to litigants, on the other hand, may frequently provide enormous benefits.
In one instance that I am aware of, a client sought legal representation almost two years after the injury occurred. He suffered terrible injuries in a car accident, which resulted in the paralysis of his right arm. He took such a long time to seek legal assistance because he felt there would be no one to collect from since the other motorist had fled the scene and was never located. But he did maintain a record of his everyday activities for the two years after his injury, which may be seen here. Throughout it, he recorded every visit from a nurse, every time his mother had to transport him to therapy, and even how intense the agony was daily, according to the journal.
He and his attorney determined that the client was entitled to uninsured motorist insurance through a policy granted to the client’s company after investigating the matter. The judgment was reached after a two-week trial and was in the millions of dollars. The client’s daily journal was very valuable since it allowed the jury to see firsthand how the injury had altered the client’s daily activities.