For many people, deciding to file a personal injury claim following a motorcycle accident doesn’t happen right away. Serious injuries that require extensive treatments can cause a person to put off making a claim, as can a lack of legal knowledge or a belief that such a claim is simply not necessary. But if time passes and you do come to the realization that a personal injury claim is necessary, then you need to understand how the statute of limitations for motorcycle accidents works.
A statute of limitations puts a time limit on how long you have to file a personal injury claim. In California, an injured person typically has exactly two years from the date of the accident to file a claim for intentional torts.
For California motorcycle accidents, the victim or his or her family will be utilizing the two year statute of limitations. In that time frame, a claim must be initiated against the party or parties believed to be liable for the damages suffered by the victim. If two years have gone by and a claim has not been filed, the victim will never be able to gain compensation for the considerable physical and financial burden placed upon him or her.
Keep in mind that you have two years to file, not to settle. Numerous cases are far too complex to be settled in just two years. The statute of limitations concerns only the initial filing.
This statute of limitations varies depending on the state where the injury occurred. In Washington, for instance, the victim has three years to file a claim. For a handy guide to the various statutes of limitations in each state, click the following link:
The Importance of an Attorney
Because of the time limit set on personal injury claim filing, victims would do well to consult with a qualified personal injury attorney. An experienced legal team can help determine if you have a valid claim long before the statute of limitations comes up. Not only that, a highly adept legal mind can ensure that you have the best chance at getting justice for the damage that’s been caused to you.
Plus, the quicker you file, the greater the likelihood that your case will be settled favorably. This is because, over time, witness testimony becomes foggy, details and evidence become lost, and liability generally becomes more difficult to prove.
Set yourself up for success. If you’ve been injured in a motorcycle crash, don’t wait until the deadline on the statute of limitations is approaching. Contact a motorcycle accident lawyer right away to get started on gaining restitution for your injuries.
Motorcycle Accident Lawyer Articles and Resources