For most motorcyclists, being hit by another driver is their biggest fear. It can happen in an instant, and if it is due to the negligence of another driver, there is almost nothing that you can do to prevent it. You may feel helpless; you’re unable to work, leaving your family financially vulnerable. You’re suffering from debilitating injuries–you barely survived the accident with only your helmet and gear to protect you.
At the Law Offices of Dianne Sawaya, we can help you recover your losses after this traumatic event, whether they may be financial or personal. There are many steps that need to be taken in order to properly present a lawsuit after a motorcycle accident. Our motorcycle injury attorneys will be at your side throughout this whole process, helping you find medical treatment and seeking compensation after this devastating accident. Below are a few of the steps we will take during the process.
Whose fault was the accident?
Following a motorcycle accident, the first step that we will take as your personal injury attorneys will be to determine who was at fault for the incident. This is identified by the question of liability. We will continue with your case if it can be proved that the accident was the result of another driver’s negligence, partly their fault, or due to other factors.
Was the motorcyclist reasonably careful? Were your injuries caused by the other driver’s actions? Were there environmental factors? Could the accident have been easily avoided? These are questions we will ask during the investigation. The more answers we can get, the closer we will get to
Evaluating Motorcycle Accident Damages
If fault can be determined, the next question to be addressed will be the amount of damage. Damage is addressed in a few different ways. First, personal injuries will be assessed. How severe are your injuries? Have you taken time off work? Will you be able to work in the future? Did you endure mental suffering? How much did your
Did you endure pain and suffering caused by grief? If your loved one was the victim and you are grieving their loss after a motorcycle accident, you can never truly compensate for their loss. Nothing can replace them. With a personal injury attorney at your side, you can only begin to recover by receiving financial compensation for the pain and suffering you’ve endured.
The more significant these damages are, whether they are property damage or personal damage, the greater the amount of compensation there will possibly be.
Determining Value of Damages
Determining the value of damages in a motorcycle accident works the same way as other personal injury cases. There are two different types of damages: damages capable of exact calculation (also referred to as special damages) and damages not capable of exact calculation. This means that the value of the damage can be specific all the way down to the dollar. Property damage and medical bills are very common examples of special damages. This type of damage is the easiest for the court to calculate, giving the plaintiff the best chance to receive this money back.
Special damages can also include future lost earnings. This could include future medical bills, lost employee benefits, or future financial losses. This is referred to as the future lost earning capacity. In these cases, the lawyer will hire an economic expert to present these damages to the jury. For example, if an injured motorcyclist can only return to work part-time instead of full time, the future lost earning capacity could include the money that they will no longer be making by having to cut down their hours.
Damages not capable of exact calculation include things like pain and suffering. These types of damages are more difficult to receive the value in which the plaintiff believes they are worth. There are no guidelines that the courts follow in determining the value of these damages. Instead, this decision is left to the jury. In this case the jury is advised to use their good sense, experience, and background to determine the value of these personal damages.
When it comes to determining value in a motorcycle accident lawsuit, there are two different types of value. The first is settlement value. This is the amount of money that the plaintiff hopes to settle the case for. In most cases, the settlement value will be significantly less than the trial value. The trial value is the amount that the plaintiff believes was lost in damages, whether property or personal. For example, if the damage to the motorcycle and the medical bills totaled to $10,000, the trial value would be $10,000.
The difference between these two values comes when the plaintiff does not expect to win the lawsuit. The settlement value is usually a reflection of the percentage of the likelihood that the plaintiff will win. For example, if the trial value is $100,000, but the plaintiff feels as if they only have a 40% chance of winning the lawsuit, the settlement value will likely be $40,000.
How do we help you?
At the Law Offices of Dianne Sawaya, we are dedicated to presenting the best case for you after a motorcycle accident in Denver, Colorado. With years of experience, we are dedicated to making sure that our clients have the most thorough investigation into their accident, to assure you will properly get reimbursed for any losses. We understand that a motorcycle accident only begins at the time of collision, resulting in changes to the rest of your life. Our goal is to get you back to your normal life as quickly as possible.
A motorcycle accident is likely something you will never forget, but hopefully with the help of our smart, aggressive, and compassionate team, you can move on with your life.
If you or a loved one has been in a motorcycle accident in the Denver, Colorado area, do not hesitate to contact us today. Let our family help yours during this great time of need.