What Is the Statute of Limitations in Motorcycle Accident Lawsuits?

What Is the Statute of Limitations in Motorcycle Accident Lawsuits?

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Motorcycle accidents cause excruciating injuries and even death.

Riders and their passengers are often thrown from the bike upon impact. They commonly experience head and neck injuries, brain damage, spinal cord injuries, broken bones, burns, road rash, impalements, bruising, scarring, and emotional trauma.

These injuries are expensive to treat, and their motorcycles are often unsalvageable.

Some motorcyclists spend countless hours customizing their rides. Even special safety equipment such as helmets, eye protection, jackets, gloves, pants, and boots are expensive and may no longer be usable after an accident.

While most people file insurance claims, there are times when a personal injury lawsuit is warranted. A personal injury lawyer will make sure that you are compensated for all of your losses and expenses.

According to Encyclopedia Britannica, a “statute of limitations is a legislative act restricting the time within which legal proceedings may be brought, usually to a fixed period after the occurrence of the events that gave rise to the cause of action.

Such statutes are enacted to protect persons against claims made after disputes have become stale, evidence has been lost, memories have faded, or witnesses have disappeared.”

This law means that you have a finite amount of time to decide if you want to file a claim or lawsuit and to get the process going. This deadline is for filing the case, not for completing the process.

How Long Is the Statute of Limitations?

The statute of limitations for most motorcycle accidents is five years, according to the Revisor of Missouri. However, you only have three years to file a wrongful death claim if your loved one was killed in the accident.

There may be exceptions to this rule, so be sure to contact a personal injury lawyer to get personalized assistance to suit your circumstances.

Why Should I File Right Away?

Filing a claim is not an instant process. There are several components that must be set up before your claim is ready to file.

You do not want to rush this process at the last minute and risk missing important details that can make a difference in your compensation. Witnesses become less reliable the longer you wait.

Why Wait to File a Claim?

Some people are unsure of the extent of their injuries and the cost of medical care that they will need. They may want to wait until their treatment is complete before filing a claim for their medical expenses.

When Should I Contact a Lawyer?

Contacting a personal injury lawyer as soon as possible after the accident is the best way to ensure that you get the best possible outcome for your situation. The statute of limitations may vary depending on the circumstances of your case.

Your lawyer will be able to inform you of your timeline. Experienced personal injury attorneys also know what you should be entitled to receive and how to proceed to get your compensation.

Do I Need a Lawyer?

Hiring a personal injury lawyer is one of the best things you can do for yourself during the difficult time following a motorcycle accident. Contacting an attorney as soon as possible will allow them to get to the accident site right away before crucial evidence disappears.

This evidence could be the difference between proving that the other driver caused the accident and not having a case at all.

Your lawyer may also get an accident reconstructionist, obtain security camera footage of the crash, and find credible witnesses who are willing to make statements about what they saw.

Are All Accident Lawyers the Same?

It would be best to have a personal injury lawyer with experience in motorcycle accidents take your case. Not all lawyers are the same; you need someone who knows what they are doing.

Some people have a negative perception of motorcyclists; even lawyers can feel this way. It would be best if you did not have a prejudiced lawyer like that handling your case.

Our team of lawyers at Goldblatt + Singer is experienced and capable of helping you. We understand the thrill and necessity of the ride.

Our attorneys know how to combat this perception while aggressively fighting for the best outcome you can get.

Do I Have To File a Lawsuit?

Not everyone decides to file a lawsuit, and not everyone has a case. Our team of attorneys will discuss your accident with you and will be able to tell you whether or not you have a case.

Many accident victims are able to file a claim for damages and do not need to file a lawsuit.

What Is The Difference Between a Lawsuit and a Claim?

A claim for damages is a legal demand for compensation from the party at fault for your injury or damage to your property.

These claims are typically answered by the defendant’s insurance company. A lawsuit often happens when the insurance company’s response to the claim is insufficient. Your case is taken to court, and a judge or jury decides the outcome.

How Do I Know If I Can File A Claim?

Missouri is an at-fault state. This rule means that the victims of motorcycle accidents have the right to claim compensation from the responsible party’s insurance company.

All residents must carry a minimum amount of liability insurance.

What Do I Need To File a Claim?

A medical examination is extremely important and not just for your health. Any injuries caused by the accident need to be documented to build your case.

It is possible not to feel all your injuries right away because adrenaline blocks pain and some injuries take time to notice, such as swelling.

Your injuries and subsequent treatments, along with property damage and pain and suffering, will be included in your claim. You will have to build your case by proving that the other party was to blame for the accident.

How Can I Prove That Someone Else Is At Fault?

In order to prove that the accident was caused by someone other than yourself, you must prove negligence. This other person or entity is considered the defendant, and you are the plaintiff.

There are three parts to proving negligence.

  1. The defendant must owe the plaintiff a duty of care. For example, all drivers operating vehicles on public roads owe all other drivers a duty of care to drive their cars safely.
  2. The defendant must have breached their duty of care.
  3. The breach of care has to be the legal cause of the plaintiff’s injury.

What If I Am Partially At Fault For the Accident?

A percentage of fault is given to all parties involved in the accident under Missouri’s pure comparative negligence rule. That percentage determines how much compensation you are entitled to receive.

You will be awarded reduced compensatory damages according to your amount of blame for the accident. For example, if it is determined that you were 20% responsible for the crash, you will only receive 80% of the damages awarded from the defendant.

Why Do I Need a Medical Exam Right Away?

A prompt medical examination after the accident is prudent to evade future complications with the insurance company as they may try to argue that your injuries are from events succeeding the accident.

The insurer may also reject the severity of your injuries or state that the treatment was excessive. Doctors’ statements and your personal injury lawyer can help you through these arguments.

Recovery time varies, and waiting until you have been released from the doctor’s care is best to ensure all medical expenses are accounted for in your claim. Your lawyer may also help you waive some medical fees until after your settlement.

How Much Time Does a Motorcycle Accident Case Take?

Every accident is different, and every case is unique.

Each situation has its own circumstances that can change how long it will take to get a resolution. They can range from weeks to years, depending on the complexities involved.

At Goldblatt + Singer, we understand that you may have been injured and have accumulated medical bills and lost wages to deal with. We have the expertise you need to get the maximum possible compensation for your injuries and other damages.

What Is a Wrongful Death Claim?

When someone is killed in an accident, surviving close relatives can file a wrongful death claim against the party responsible for the crash. This claim is for compensation for their loss and harm to themselves.

For example, if the victim was the primary breadwinner for their family, that family can file for lost income.

Get Answers To Your Questions Today By Calling Us At Goldblatt + Singer

At Goldblatt + Singer, we will not charge you anything until a successful verdict has been reached in your case. You have enough to worry about, and we are not interested in adding any more stress to your life.

Quite the contrary, we are here to help you. Contact Goldblatt + Singer today at (314) 231-4100 for a free consultation so we can discuss the unique details of your accident and we can determine whether you have a case.


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