A frequent inquiry after a motorcycle crash is: How much time do I have to pursue a lawsuit? Each state sets its own limit for filing claims, and an attorney specializing in motorcycle accidents can guide you on the specific deadline for your situation. Generally, most states enforce a two-year time frame from the incident date to commence legal proceedings, while some may provide longer durations.
Certain exceptions to the time limits might apply in unique scenarios, which a legal professional in your state can clarify further. The countdown for the statute of limitations starts on the accident date or when you first became aware of the injuries and damages from that incident. Seeking legal counsel early allows your attorney to construct your case and collect necessary evidence without unnecessary delays.
What are the Exceptions to Filing a Motorcycle Accident Lawsuit?
Various exceptions can prolong the duration specified in the statute of limitations set by your state. For example:
- Wrongful Death: If the accident leads to a death, the timeline to file a wrongful death claim is usually two years from the date of the passing, which can differ from the crash date.
- Minors: There are different rules if the injured party is under 18. A parent or guardian can file a lawsuit on their behalf before they reach 18. Alternatively, they can initiate the claim themselves once they turn 18, with the statute of limitations commencing on their 18th birthday.
- Government Entity: If a government agency, such as a city or state, is responsible, the filing deadline might be significantly shorter, sometimes as brief as six months from the date of the incident.
Talking with an attorney can help assess whether these exceptions are relevant to your circumstances. They can inform you if specific conditions might allow for a time extension of the statute of limitations and offer a complimentary assessment of your case to evaluate your choices.
Navigating Your Legal Options
The opposing party may aim to lessen your settlement offer, highlighting the necessity of obtaining professional legal advice. In some instances, pursuing a civil lawsuit may not be required; you can file a claim through the at-fault party’s insurance to pursue compensation. Involving an attorney is wise to safeguard against any potential manipulation from the insurance provider.
What Compensation Can I Pursue?
You are entitled to seek compensation for various losses stemming from the incident, such as:
- Medical costs
- Lost wages
- Pain and suffering
- Property damage
- Physical and mental health treatment
To secure an appropriate settlement, gather ample proof that connects the accident to these damages. This typically involves demonstrating the other party’s negligence, including their failure to uphold the duty of care that directly led to your injuries and resulting expenses.
