Riding a motorcycle is undoubtedly one of the smaller pleasures of life. However, it is also fraught with risk, as it presents greater chances of having an accident compared to using a car.
Motorcycle accidents can be deadly, resulting in cuts and bruises, broken bones, injuries to the head, spinal cord or even worse. If the accident was caused by someone else, it is imperative that you file a case of personal injury as soon as possible.
If you’ve been in a scooter accident in Tampa, don’t hesitate to contact attorney Rebein Law. They’ll investigate your case to establish liability and fight to ensure you receive full compensation.
This article will help you decide when and how to hire a lawyer after a motorcycle accident.
What is the Statute of Limitations?
For a claim to be valid and upheld by the Law, a claim for personal injury must be filed within two years of the incident. This is generally the time limit allowed, however, the actual time may vary per State. For instance it is 1 year in Tennessee and 4 years in Wyoming. Your motorcycle accident attorney will let you know what the time limit is in your state.
The reason for the statute of limitations is because it helps ensure that decisions are made by the Court based on evidence that is reliable and its usefulness has not deteriorated over time. A jury would find it hard to believe an eyewitness account of an incident that occurred over 5 years ago.
The statute of limitations also helps avoid people being sued for incidents that have occurred many years in the past, enabling them to carry on their lives without fear of litigation for age-old incidents.
Consequences of Failing to Follow the Statute of Limitations
Failure to file your case for personal injury within the statute of limitations period would result in your claim being time barred. You would not be able to file your case and claim damages or even take your case to a Court trial for its redressal.
Things to Do Before Filing a Lawsuit
If you intend to file a claim for personal injury after a motorcycle accident, you must do the following soon after the incident has occurred:
- Visit a doctor to get an assessment of your injuries, the treatment required, the medical expenses involved and the duration needed to move towards recovery.
- Make a list of people who witnessed the accident, their address and contact details. These people can be called in whenever required by the Court to support your narrative about the accident.
- Have a professional like an insurance agent take photos of yourself and the motorcycle. It will help when you claim medical insurance and for the repair or replacement of the motorcycle.
- Get the address and contact details of the other parties involved in the accident.
The above actions will help you in filing a claim for personal injury for the accident.
Gathering Evidence and Establishing Fault
You or your attorney can look at the following factors in preparing a personal injury lawsuit:
Negligent driving: If the accident involved another driver, note if he or she was speeding, driving under the influence, was distracted while driving, or failed to check a blind spot in the road.
Driver’s employer: If the driver was using a company vehicle, you might be entitled to claim damages from the driver’s employer.
Local government: It is the responsibility of the local government to maintain the state of the roads and make sure that traffic signals are in working order. If any of these are the cause of the accident, contact your lawyer to see how they can be held accountable.
We have looked at the point of how long to wait before engaging the services of a lawyer in the case of a motorcycle accident. The majority of cases are decided out of court or handled by the insurance company. However, it would be beneficial to hire a lawyer to deal with the case if the matter goes to Court.
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