If you have been injured in a Colorado motorcycle accident, you may be able to maintain an action to recover damages. In such a lawsuit, you can claim compensation for the damage that has been done to you by the at-fault party.
The law allows you to file for compensation because of the difficulties that will ordinarily follow an accident. You will be saddled with significant costs. These include your medical bills and the cost of repairing your motorcycle.
In a Colorado motorcycle accident, the propensity for serious injury is even higher. Motorcycles weigh far less and offer much less protection than a vehicle. Due to this, accidents involving them can be ghastly, even fatal. According to data from the Governor’s Highway Safety Association, more than 100 motorcyclists were killed or injured in Colorado in 2017 alone.
The task of recovering compensation is not always easy though. The only real way to ensure you have the best shot at recovering the compensation you deserve, is to hire a top Colorado motorcycle accident lawyer.
At Malman Law Firm, we have distinguished ourselves as the #1 personal injury law firm. This means that when you have us on your side, your chances of receiving fair compensation for your injuries are much improved.
In this article, we explain what you need to know about the process of recovering compensation for motorcycle accident damage. You will also learn what types of compensation you can recover and the factors that can affect the eventual money sum you may recover.
Recovering compensation in a Colorado motorcycle accident
Compensation in a Colorado motorcycle accident usually involves reimbursement of your medical bills. It will also involve compensation for pain and suffering or emotional distress. As well as other physical or psychological loss you have suffered.
These heads of compensation are usually classified under economic and non-economic damages.
This refers to the calculable losses that you have suffered. The major determinant of this category of damages is the money sum of expenses you have incurred or the loss you have suffered.
These damages are called economic because they have economic significance. Because they can be quantified in money terms, they are much easier to prove and once you can prove them, you will be entitled to the full money sum.
This means for instance, if you suffered $100,000 in economic loss, you will be entitled to recover the full sum. Although, this is subject to your ability to prove exactly what losses you have suffered.
Here, you can recover compensation for the cost of your medical treatment and therapy. You can also recover your lost wages, cost of property damage and any ongoing economic loss you will incur from the accident.
When it is difficult to quantify the loss you have suffered in money terms, that claim for compensation will be under this category. For instance, damage like pain & suffering, and love & enjoyment are difficult to quantify in money terms because they have no tangible value.
Compensation will depend on the extent of your injuries and your ability to perform daily activities.
How much can you expect to recover as damages?
The simple truth is that there is no guarantee on the amount you can recover as compensation. It will depend on the settlement negotiations with the insurance company or by a jury at trial.
Insurance companies hire loss adjusters to settle claims for the lowest amounts possible. Compared to this, our singular goal at Malman Law Firm is to ensure that you receive a fair amount as compensation.
In doing this, we will review the unique facts of your case to determine what would be acceptable as fair settlement. Each case is different, with facts or circumstances that can significantly affect the value of compensation.
What are the factors that would affect the recovery amount?
Although the factors that will affect the sums awarded as compensation often vary from cases to case, the following are prominent amongst them:
- Case valuation by the parties: How the parties to a case determine what amount of compensation a jury might award is what is referred to as Valuing. The parties will attempt a best guess at what the jury might award and what the defendant might be willing to pay. It would also involve a best guess at what the plaintiff might be willing to accept as settlement. A good valuation will set up your claim for a tidy settlement award.
- Amount of damage suffered: Much of what would be involved in valuing the case will be dependent on how much damage was suffered. Serious damage such as paralysis will attract higher sums due to the nature of the injury.
- Degree of defendant’s liability: This will also be a huge factor in determining any amount that will be eventually payable. Establishing fault may be tricky and in certain cases, the circumstances may not clearly show who is at fault. In such cases, the defendant will be much less willing to go high or even pay at all. Compared to this, where fault is clear, the defendant or their insurer will be much more eager to settle. This will influence larger settlements.
- Amount and availability of insurance: If the defendant does not have insurance, and has few other assets, compensation may be very low. If they only have auto insurance, a settlement will not exceed the limits of the auto insurance. Even if actual damages are much higher, you may have to settle for the insurance coverage limits. You should always look to your motorcycle uninsured/under-insured coverage.
- Bias or prejudice against motorcyclists: Bias should play no part in awarding compensation for motorcycle accident cases. Unfortunately, it does happen since there’s no escaping human nature. Many people may feel distrust or may even dislike motorcyclists and juries are not immune from this. They may award less weighty verdicts to motorcyclists. This is because many believe cyclists should look out for drivers, not the other way round. Your Colorado motorcycle accident lawyer will work hard to fight these biases and ensure your case is heard fairly.
Contact us for your best chance at fair compensation
Our lawyers at Malman Law Firm have been handling motorcycle accident and personal injury claims for decades. We have a deep understanding of the landscape and know exactly how to position your claim for maximum settlement.
Call us today to access our vast resources and motorcycle accident know-how. We will not collect a dime from you unless you win. Call us on (303) 733-7900 to start a conversation today.