What Statute of Limitations Applies to My Case?
The common question in everyone’s mind today is, How long do I have To file a lawsuit after A motorcycle accident? All states set their statutes of limitations, and a motorcycle accident lawyer can advise you on the one that applies to your case. Many states follow a two-year deadline from the time of an accident to file a case, though some have longer timeframes.
There can be exceptions to the statute of limitations in your case. The best way to know which ones apply to you is by talking to a lawyer in your state.
The statute of limitations clock starts ticking from the date of the accident. In other cases, it starts from the moment you were aware of any injuries and other damages from the motorcycle accident. Contacting a lawyer early on gives them enough time to begin working on your case and collecting any relevant information as soon as possible.
What are the Exceptions of Filing a Motorcycle Accident Lawsuit?
There are several exceptions to the time limit outlined in the state’s statute of limitations. For example, if the victim were declared legally incompetent because of intellectual disability or mental illness at the time of the accident, then the window may be extended. Some of the other exceptions include:
Wrongful death
If a loved one dies in the wreck or succumbs to their injuries from the accident, you will have to file a wrongful death lawsuit. The deadline for this lawsuit is two years from the day the deceased died, which in some cases can be different from the date of the accident.
Minors
Children under the age of 18 also have an exception. As a parent or guardian, you can pursue the case on their behalf before they turn 18, or they could wait until they turn 18 to file a lawsuit themselves. If they choose the latter option, the clock does not start ticking until their 18th birthday.
Government Entity
In some states, you might have less than two years to file the lawsuit if the at-fault party is a governmental entity, such as a city or the state. In such cases, you may have as little as six months from the collision date to file the claims.
Consider consulting a lawyer to determine if any of these or other exceptions apply to your case. They can then advise you on whether your circumstance warrants an extension on the statute of limitations period. You can get a free case evaluation from Issacs & Issacs Personal Injury Lawyers to determine if your case can proceed beyond the statute of limitations.
Injured in an Accident?
Get a free case review by calling The Hammer Now.
(800) 333-9999
Do I Have To Go To Trial?
Most civil lawsuits do not go to trial. The other party can choose to settle the case outside of court. A lawyer can negotiate with the other party to get the compensation covering all your expenses. Dealing with the other party without a lawyer can leave you short-changed and force you to cover some of the additional costs yourself.
This is because the other party will likely attempt to minimize your settlement. In other cases, you might not need to file a civil lawsuit. You can file a claim with the other party’s insurance agency to claim compensation. It is also advisable to do this with a lawyer to ensure they don’t take advantage of you.
What Compensation Can I Claim?
You can seek compensation for the physical, monetary, or emotional damages you endured from the accident. Some of these damages include:
- Medical expenses
- Lost income
- Pain and suffering
- Property damage
- Physical and psychological treatment
You need to collect sufficient evidence that the accident caused the damages to get a fair shot at a settlement. This may require you to prove the other party’s negligence. To do so, you must prove they had a duty of care, they breached that duty, the break resulted in your injuries or damages, and the expenses of those damages.
