Over hundreds of motorcycle accidents take place each year. Sometimes these accidents cause injuries from which one is not able to recover fully. These injuries add to the financial burden as it involves medical expenses, rehabilitation costs and loss of income. In case of a motorcycle accident or collision, you must reach out to a Motorcycle Accident Lawyer Toronto. Having a lawyer by your side will help you to get the necessary insight and understand whether you have the right to be compensated or not. We are here to tell you some crucial things that you should know about motorcycle injury lawsuits.
The Fault of the accident needs to be proved.
When you have sustained injuries because of a motorcycle accident that was caused by someone else’s fault, then it needs to be proven. The person doesn’t have to be completely at fault for them to be responsible for the injuries that you have sustained. This also doesn’t mean that the other party is the only one responsible for the accident. Even when the other party is partially at fault, they can be sued successfully for damages.
You can only sue the liable party within two years.
You have the right to sue the other party until two years from the date of the accident. However, there are certain exceptions to the rule. For example, if a minor has been injured in the accident, the two years only start once they have turned eighteen.
It is your responsibility to gather the proof.
When you have been a victim of a motorcycle accident, two things primarily need to be proven. First, that the motorcycle accident took place due to negligence. Second, the injuries were caused by the accident. Adequate proof needs to be provided which will is determined based on a ‘balance of probabilities in the motorcycle lawsuits. The proof required is much lesser than the ‘beyond a reasonable doubt’ which is applied to criminal cases.
Proving the extent of the injuries
The impairment caused by the motorcycle accident needs to be proven. Whether the impairment is physical or psychological, it needs to be proven. When you are filing a claim the claim must be supported by an expert medical professional. However, if the impairment has not been classified by a medical expert then you won’t be able to obtain the claim even for health care expenses. Apart from this, you might still be able to recover some of your income loss without this testimony.
What percentage of income can be recovered?
After being permanently injured in a motorcycle accident, you might face a loss of income. The claim should cover up to 70% of the gross pre-accident income till the trial date. After the trial, there should be a 100% recovery in pre-accident income. This is the maximum limit to which you can recover your income loss from motor vehicle and motorcycle accident lawsuits.