Wearing a helmet, using the proper gear, and riding safely aren’t always enough to prevent a motorcycle accident and resultant injuries. When other irresponsible drivers are on the road, even the most cautious motorcyclist may be at risk of an accident. Following a motorcycle accident in Connecticut, victims may take steps to recover damages they suffered.
Motorcycle Accidents Cause Serious Injuries
Motorcyclists involved in a motor vehicle accident are at high risk of sustaining severe injuries, some of which can be fatal. Some common types of injuries for a motorcyclist involved in an accident include the following.
The treatment for these injuries can lead to significant medical bills. Patients may require surgery, medications, and other treatments. Some require rehabilitation and other therapy to improve physical function after the accident. Further, severe injuries that cause significant disability may require wheelchairs and other assistive devices.
A full medical evaluation with a doctor can help patients better understand necessary treatment. And medical experts may testify about the prognosis and long-term effects of the injuries to help motorcyclists recover damages.
A Motorcyclist’s Right to Damages
The state of Connecticut provides injured motorcyclists with the right to take legal action against the at-fault driver. This usually entails filing an insurance claim against the driver’s insurance company. If this does not result in an acceptable settlement, then the motorcyclist may pursue a lawsuit against the at-fault driver.
In either case, the motorcyclist or his legal representative will have to demonstrate that the driver was negligent. Negligence is the legal term used to describe a wrongful or irresponsible act. If the other driver did something irresponsible or wrongful, like speeding or drinking while driving and if the wrongful act caused the accident, then the other driver is liable.
Upon establishing liability, then a motorcyclist can recover damages. In Connecticut, both economic and noneconomic damages are recoverable. The former are monies awarded for monetary losses; the latter are monies awarded for pain, emotional anguish, loss of function, loss of enjoyment in life and other non-monetary losses.
In the event that the motorcycle accident leads to death, the personal representative of the deceased motorcyclist can file a claim for damages on the behalf of the deceased’s beneficiaries. A wrongful death claim can yield all the damages listed above, as well as damages for funeral and burial expenses.
Statute of Limitations for Filing a Motorcycle Accident Claim
While motorcyclists have the right to file a claim to recover all of the damages listed above, they must do so within a certain time frame. This time frame is known as a statute of limitations, and in Connecticut, it is two years from the date of injury. If a claim for damages isn’t filed within two years of a motorcycle accident, the motorcyclist may never be allowed to recover damages. Therefore, it’s extremely important that a motorcyclist meet with an attorney as soon as is possible after a serious motorcycle accident.
Consult a Motorcycle Accident Attorney Today
If you have questions about the types of damages available in a civil suit or how to begin filing your claim today, the attorneys at Murphy, Laudati, Kiel, Buttler & Rattigan, LLC have answers. Our legal team is ready to meet with you, free of charge, to review your case today and provide you with legal insight. To set up your first consultation now, call our offices at 860-674-8296 today.