About Motorcycle Accident Claims | Denver Injury Lawyers
Establishing a Claim
To prove a motorcycle injury claim, you must establish that someone injured you through wrongful conduct, and that this injury caused you a certain amount of damages. Wrongful conduct could include:
- Running a stop sign or weaving from lane to lane
- Reckless behavior such as driving while intoxicated
- Even causing an accident intentionally
The defendant’s conduct must have caused your injury – simply driving while intoxicated might not be enough without evidence of reckless driving.
Finally, you must prove every dollar of damages that you are claiming. If the defendant was an employee acting in the line of duty, you might also be able to sue his or her employer.
In Colorado, an accident must be mostly the defendant’s fault for you to recover damages. If the court finds that you were 50% or more at fault, you won’t be able to seek compensation.
Even if your degree of fault was less than 50%, the amount of your damages recovery will be reduced in proportion to your percentage of fault as determined by the court. If you were 25% at fault, for example, the amount of damages rewarded will be reduced by 25%.
Evidence of Damages
Obtaining admissible evidence of damages is often the most time-consuming and tricky part of proving a motorcycle accident claim. You will need evidence of tangible damages such as:
- Medical bills
- Future medical expenses
- Transportation to hospitals, clinics, etc.
- Lost work time
- Permanent disability
- Child care expenses
You may also be eligible to claim damages for intangible injuries such as pain and suffering. Although Colorado law generally limits the amount of non-economic damages to $250,000.
If your spouse, child, or parent was killed in the accident (as a passenger on your motorcycle, for example), you might be able to file a separate wrongful death lawsuit to compensate you for the loss of your loved one.
Statute of Limitations
The statute of limitations deadline for filing a personal injury lawsuit in Denver is normally two years after the accident. If the victim died and a relative is suing for wrongful death, the two-year period starts on the date of death of the victim. Once the statute of limitations expires, you typically lose the ability to file a claim.
Call Our Motorcycle Accident Lawyers Today
Zinda Law Group is a top motorcycle injury firm that is held in high esteem by its clients. We understand your hardships during this difficult time and we are ready to passionately represent you before defendants, insurance companies, and the court. Call 303-800-1501 for a free consultation so that we can advise you of your legal options