What Is The Statute Of Limitations For Filing A Motorcycle Accident Lawsuit?
Learning you are eligible for a motorcycle accident lawsuit can be a huge relief. Personal injury compensation can cover medical bills, lost wages, vehicle repairs, and even provide money for non-economic damages. Yet, the window of opportunity to claim your losses will eventually close forever.
As experienced lawyers who have won over $100 million for our clients, we never want to see any deserving accident victim lose the chance for a life-changing settlement. Johnson Attorneys Group is poised to take action, but you have to get in touch and tell us your story.
Call (800) 208-3538 to schedule a free motorcycle accident case review with a member of our legal team. Our phone lines are open 24/7 because your call matters to us. The sooner you contact us, the sooner we can begin pursuing significant compensation for your injuries.
Understanding Personal Injury Deadlines
After an accident, lawyers can help you collect evidence to support your claim. Over time, evidence can fade, and witnesses can forget. Building your case as soon as possible provides the best chance of a timely, fair resolution.
Therefore, states set statutes of limitations. These time limits apply to specific legal actions, such as filing personal injury lawsuits or punishing someone for a crime. Motorcycle accidents can fall into both categories.
Suppose a drunk motorist crashes into your motorcycle. He or she might face criminal charges for broken traffic laws like speeding and driving under the influence (DUI). You could also bring civil charges against the liable party for your injuries.
One deadline might apply to the driver’s criminal charges, while a different one applies to the civil claim. You will need to take action before time runs out to recover compensation for your injuries.
Statutes vary by state and case type. How long you have depends on where you live and the unique details of your case.
Let’s look at the deadlines for California. In general, the statute of limitations for personal injury is 2 years from the date of the injury. You have 3 years from the date the damage occurred to sue for property damage.
A personal injury lawyer can tell you what further rules apply to your accident claim. At Johnson Attorneys Group, we make it easy for you to find the information you need. Why not make an appointment with our legal team today?
Taking Action Under Differing Statutes
The statute of limitations usually starts on the day of the accident and extends for the stated amount of time. Sometimes, the deadline extends beyond these dates. The following section will explain some special circumstances that could change your deadline.
Due to late discovery
Some medical conditions don’t present symptoms immediately, and the signs of others are difficult to identify. Severe crashes could lead to traumatic brain injuries or long-term comas. Therefore, a motorcycle accident survivor might not understand the full extent of his or her injuries until some time has passed after the event.
Accident damages might also become increasingly evident over time. For instance, a motorcycle that appears to sustain minimal damage on the outside could have substantial crash-related mechanical issues in its inner workings. Only the professional eye of an experienced auto technician might be able to identify these hidden problems.
For cases like these, the statute of limitations generally begins from the date the motorcycle accident survivor discovered (or reasonably should have discovered) the problem.
Due to the age of the plaintiff
What if the person affected by the bike crash is a minor? In many places, the statute of limitations begins when the individual becomes of legal age. So, if you were 16 years old when you were hurt, your statute would begin to run when you turn 18.
The practice of pausing a statute is called tolling. The time during the tolled period does not count against the deadline.
If you are suing a governmental agency
Other lawsuits have shorter deadlines and additional processes. For example, a state’s department of transportation might own or control highways and bridges. These public streets can become dangerous if state entities neglect maintenance or other duties.
If poorly maintained roads, confusing construction patterns, or missing or malfunctioning traffic signals contributed to your crash, you might have a case against a government agency. Many US states require individuals to file a claim against a government agency before filing a lawsuit.
If the agency denies your claim, you must file a lawsuit within a specific time period – often as short as 6 months. Since the statute is short, you should contact a law firm as soon as possible to determine whether a government agency is liable for your damages.
After a fatal traffic crash
If you are a close relative of a deceased accident victim, our compassionate lawyers can help you seek justice. Many states begin the statute for wrongful death cases on the day of the victim’s death.
The rules that change statutes might apply to a wrongful death claim. The discovery rule might apply if you learn of your loved one’s passing later than the day it occurred. The minor rule could apply if the surviving child of an accident victim files a lawsuit after turning 18 years old.
Protecting Your Rights
Understanding the statute of limitations for a motorcycle accident claim is more than a technicality. It can determine whether or not you receive any compensation. Each state sets its own legal deadline that varies based on the facts of the case.
If you miss this window, your case may be dismissed, no matter how strong your evidence may be. Time passes quickly when you are focused on recovery, paperwork, and insurance calls. Filing a claim even one day late could mean walking away with nothing.
Entrusting your case to competent lawyers is one of the most effective ways to ensure you meet the statute of limitations. At Johnson Attorneys Group, it costs nothing to start your case. Contact us today at (800) 208-3538 to schedule your consultation and take the first step toward the compensation you deserve.
