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Why You Should Not Wait to File a Motorcycle Accident Lawsuit

Posted in Blog on August 3, 2020

Waiting to File a Lawsuit for Clearwater, Denver Motorcycle Injuries is a Mistake

In the aftermath of a motorcycle accident, a lot can happen. Unlike a car accident, motorcycle accidents tend to involve higher rates of fatality with significantly higher chances to suffer severe and permanent injury. Many of those involved in motorcycle accidents can find themselves in the hospital with a thousand things seeming to happen all at once. There are questions of what about your job? Your family? Your health? Zaner Harden Law Group understands that dealing with the fallout of a motorcycle accident can be especially frustrating and demanding but it is imperative that those that have suffered severe injuries as a result of a motorcycle accident not delay when it comes to seeking compensation for damages they have suffered.

Filing a Lawsuit Over Motorcycle Accident Injuries

If you have suffered injuries because you have been involved in a motorcycle accident then odds are that you are going to have to deal with damages like medical bills, lost wages because of time spent recuperating, maybe you may lose your job because of a permanent injury, and your injuries themselves may cause an incredible amount of pain and suffering. If your accident was the result of another party’s negligence then you may be able to hold them liable for your injuries and file a motorcycle accident claim or lawsuit. 

With a motorcycle accident claim, you can attempt to seek an out of court settlement from the at-fault party’s insurance company. Denver’s no-fault laws ensure that those involved in motor vehicle accidents will go through their own insurance policies first instead of the coverage of the at-fault party. However, motorcycle accidents typically involve severe and permanent injuries that easily exceed personal injury protection coverage which enables someone to then seek compensation from the at-fault party. 

A claimant can then try to use evidence of the at-fault party’s negligence as leverage to reach an out of court settlement that pays for the damages they suffered in exchange for dropping a potentially long and costly lawsuit. Sometimes a settlement can’t be reached which means that a motorcycle accident victim may have no choice but to try and take the matter to trial with a lawsuit so that a jury can help make a verdict as to whether compensation is owed. 

Why Waiting to File a Motorcycle Accident Injury Lawsuit is a Mistake

The first thing that you should prioritize after a motorcycle accident is your personal health. Before beginning to worry about a potential motorcycle accident injury case you should first focus on getting medical treatment and recovering from your injuries. Only after that has been accomplished should you try to move on to looking into your legal options for seeking compensation for your motorcycle accident injuries. 

With that said, that does not mean that you should delay once you can start to get the ball rolling on a potential motorcycle accident injury case. The statute of limitations for Denver motor vehicle accident personal injury cases is four years. That does not mean you should wait one two or even three years to start up your case. The longer you wait, the more that several factors that can significantly alter the success of your case might change for the negative. 

Motorcycle Accident Injury Evidence Deterioration

For starters, every motorcycle accident case requires extensive investigation into the circumstances that lead to the accident occurring. These investigations into a motorcycle accident will often focus on gathering as much evidence as possible that can help to prove the fault and negligence of the at-fault party and any other parties that can be considered liable. Evidence does not last forever and the more time that a claimant takes to start their case means the more evidence deteriorates. Footage of an accident can end up being lost, the scene of the accident can change drastically over a short period of time causing evidence to deteriorate. The vehicles involved can end up scrapped or repaired. Witnesses that can provide valuable testimony can disappear or their memories of what occurred may lose clarity. 

The Insurance Company Wants You to Delay Filing a Motorcycle Accident Injury Lawsuit

Waiting to seek compensation can also impact the credibility of your case. You may have taken a few days to see a doctor about your motorcycle accident injury and eventually got it treated only to wait a year after it healed to then try and file a claim. Insurance companies may try to reason that your lack of urgency in seeking treatment and compensation could indicate a lack of credibility. 

Insurance company representatives want you to wait and take your time when considering a motorcycle accident injury lawsuit. The more time that you wait, the more opportunities they have to build up their defense and try to trick you into damaging your own case. Insurance adjusters represent the insurance company’s interests and are sent to evaluate claims but they are also trained to exploit any loophole or weakness in a claim to help the insurance company avoid paying out as much as possible. They can do this by low-balling you with settlement offers, requesting medical documents not relevant to a case, tricking you into answering loaded questions that have no

Seek an Experienced Clearwater Motorcycle Accident Attorney

Getting into an accident while riding a motorcycle can change your life. The fallout of these kinds of accidents generally inflicts some of the worst damages that one can see in a type of motor vehicle accident. That means that fighting for your right to compensation can be all the more difficult with so much more on the line. Don’t go into a fight for fair compensation without the knowledge and resources of an experienced law firm that has your back. 

Zaner Harden Law Group is an award-winning law firm with a long case history of satisfied clients that have come away from their ordeals with settlements and verdicts that have helped them to get back on their feet. Our attorneys can provide you the resources and skills of a large award-winning law firm while still maintaining close communication and personal attention that one may expect from a smaller firm. To contact Zaner Harden Law Group about a free consultation on your motorcycle accident case you can either call our Clearwater office at (303) 557-2019 or fill out a contact form online