Motorcycle Accidents – Statute of Limitations

Each state has laws that place a time limit on when an accident victim can file suit.  If the victim does not file within the specified period of time, then he or she loses the right to sue and obtain compensation for injuries and losses related to the accident.  For this reason, it is important to contact an attorney immediately after a motorcycle accident to ensure your rights are protected.

Reasons for Statutes of Limitations

There are two main reasons for the adoption of statute of limitation laws in personal injury cases:

• To protect potential defendants from unending risk of being involved in a lawsuit
• To make certain that legitimate lawsuits are filed while evidence and memories remain fresh

Determining Statutes of Limitations

Establishing the time frame for filing your motorcycle accident lawsuit is best determined by consulting with an attorney.  In most instances, a statute of limitation begins on the date the injury took place, after which time a victim typically has one to two years to file a claim for damages.  It is critical that you consult with an attorney as soon after the accident as possible, in order to properly submit your claim prior to this statute of limitations deadline. 

If you fail to file within the allotted amount of time, the court will likely dismiss your case.  There are extenuating circumstances, however.  Some injuries may not be discovered for months or years after an accident.  In these instances, statutes of limitations may begin on the date of discovery of the injury or the date on which the victim should have discovered it.  The latter date is determined by a judge who decides when it is fair to say the victim should have been aware of the injury, whether or not he or she actually knew about the injury.

Contact an Experienced Motorcycle Accident Attorney

If you or a loved one has been injured in a motorcycle accident, you have a limited amount of time to file suit against the responsible party.  Locate an experienced motorcycle accident lawyer near you who can help you through this time-sensitive process.