A common question following a motorcycle accident is: How long do I have to file a lawsuit? Each state establishes its own statute of limitations, and a motorcycle accident attorney can advise you on the applicable timeframe for your case. Most states impose a two-year deadline from the date of the accident to initiate legal action, though some states allow longer periods.
Exceptions to the statute of limitations may apply in certain circumstances, which a lawyer in your state can explain in detail. The clock for the statute of limitations begins either from the accident date or from when you became aware of injuries and damages resulting from the accident. Consulting with a lawyer promptly allows them to start building your case and gathering relevant information without delay.
What are the Exceptions to Filing a Motorcycle Accident Lawsuit?
Several exceptions can extend the timeframe outlined in the state’s statute of limitations. For instance:
- Wrongful Death: If the accident results in a fatality, the deadline for filing a wrongful death lawsuit is typically two years from the date of death, which may differ from the accident date.
- Minors: Individuals under 18 years old have an exception. A parent or guardian can file on their behalf before they turn 18, or they can file themselves after turning 18, with the statute of limitations starting from their 18th birthday.
- Government Entity: When the responsible party is a governmental entity like a city or state, the filing deadline may be shorter, often as little as six months from the date of the accident.
Discussing your case with a lawyer helps determine if these or other exceptions apply to your situation. They can advise if circumstances warrant an extension of the statute of limitations and provide a free case evaluation to assess your options.
Navigating Your Legal Options
The other party involved may attempt to minimize your settlement, emphasizing the importance of seeking legal advice. In some cases, filing a civil lawsuit may not be necessary; instead, you can pursue a claim through the at-fault party’s insurance company to seek compensation. It’s advisable to involve a lawyer to protect against any potential exploitation by the insurance company.
What Compensation Can I Pursue?
You are entitled to seek compensation for various damages resulting from the accident, including:
- Medical expenses
- Lost income
- Pain and suffering
- Property damage
- Physical and psychological treatment
To ensure a fair settlement, gather sufficient evidence demonstrating that the accident caused these damages. This typically involves proving the other party’s negligence, including their breach of duty of care resulting directly in your injuries and associated expenses.
