If you are a motorcycle accident survivor, you may know that you can seek compensation for your medical expenses, missed days at work, and other related costs. However, you must act within the timeframe of the statute of limitations in your state, or you may lose your right to file a personal injury claim. It is helpful to understand the statute of limitations after a motorcycle accident and how quick legal action can help protect your rights.
What is the Statute of Limitations?
The legal term “statute of limitations” refers to the length of time you have to file a claim after an injury. Motorcycle accident cases follow the statute of limitations laws for all personal injuries.
The statute of limitations exists primarily to ensure that personal injury claims undergo timely and efficient processing without unnecessary delays or the possibility of threatening someone with a lawsuit over an indefinite period.
The statute of limitations after a motorcycle accident differs by state. Timeframes vary from one year (Kentucky, Louisiana, and Tennessee) to six years (Maine and North Dakota). Talk to a local personal injury attorney via Law Tigers to find out your state’s statute of limitations.
When Statute of Limitations May Be Extended
Generally, you wouldn’t be able to file a claim if you wait too long and the statute of limitations runs out. However, the statute of limitations may be extended if:
- You suffered an injury with significantly delayed symptoms. Many motorcycle accidents involve acute and immediately obvious injuries. Nevertheless, if some time passed before you realized you’d suffered a serious injury, the statute of limitations starts from the time when you should have reasonably discovered the damage.
- The defendant left the state. In many states, the statute of limitations countdown will pause if the at-fault party leaves the state after the accident, and the victim would have additional time to file a personal injury claim.
- The victim was a minor at the time of the accident. Many states extend the statute of limitations if the accident victim is a minor. For example, in California, the statute of limitations is two years from the accident or from the victim’s 18th birthday, whichever comes later.
The statute of limitations may also follow different rules for persons who suffer from a mental disability. An experienced attorney can let you know whether any exceptions to the statute of limitations apply in your case.
Why It’s Important to Act Quickly After a Motorcycle Accident
If you live in a state with a three- or four-year statute of limitations, it may seem like you have plenty of time to file a motorcycle accident claim. However, it’s usually advisable to start working with a local lawyer as soon as possible after your accident.
Quick legal action after motorcycle accidents is important because of:
- Evidence: The sooner you start working on your claim, the easier it will be to source crucial evidence like witness statements and photos of the accident scene.
- Credibility: Waiting too long to file a claim may cause the insurance company to question the validity of the claim.
- Claim processing time: Personal injury claims may take months or even years to settle while you’re shouldering medical bills and other out-of-pocket costs. Fast action will improve your chances of a timely payout.
Law Tigers: A Trusted Nationwide Network of Motorcycle Accident Lawyers
Did you or your loved one suffer injuries in a motorcycle crash? Contact Law Tigers and start working on your personal injury claim today. Our dedicated lawyers will help you comply with the statute of limitations after a motorcycle accident, handle negotiations with insurance companies, and fight for your rights throughout the claim process.
Call 1-888-863-7216 or contact us online for a case evaluation.
