Fatalities among motorcycle riders and passengers increased by 11% from 2019 to 2020. These accidents not only cost lives. But cause deep and long-lasting physical, psychological, and financial pain.
If you or a loved one suffered injuries in a motorcycle accident, you might be thinking about filing a personal injury lawsuit. The good news is that motorcycle accident lawsuits often result in a fair and satisfactory payout.
But how do you get started on the long path to getting compensation for your injuries or lost loved ones?
Be sure to keep reading for our full guide on how to file a motorcycle accident lawsuit.
- 1 Get Familiar with Your State’s Statutes of Limitations
- 2 Consulting An Attorney for Motorcycle Accident Injury Claims
- 3 Evidence Necessary to Support a Motorcycle Accident Lawsuit
- 4 Filing and Monitoring Your Motorcycle Accident Lawsuit
- 5 Types of Damages That Can be Awarded in a Motorcycle Accident Lawsuit
- 6 Everything to Know About How to File a Motorcycle Accident Lawsuit
Get Familiar with Your State’s Statutes of Limitations
It is important for someone who file a motorcycle accident lawsuit to familiarize themselves with their state’s statutes of limitations. A statute of limitation is a legal deadline by which a plaintiff must file a lawsuit or legal claim.
Statutes of limitation vary from state to state, generally ranging from one to six years. In some states, the specific situation or type of negligence may extend the timeline.
Consulting An Attorney for Motorcycle Accident Injury Claims
A motorcycle accident lawyer will help ensure victims will receive the maximum compensation for their losses. Including medical bills, lost wages, and any pain and suffering. The attorney will evaluate the case, assess damages and build a strong case to help maximize the outcome.
An experienced attorney will be dedicated throughout the entire case. And provide knowledgeable advice to help navigate the complexities of the legal system.
Evidence Necessary to Support a Motorcycle Accident Lawsuit
To make a valid claim, the motorcycle rider should locate and supply any available documentation. That can help substantiate their claim. This can include photos of the accident scene, police reports, and repair estimates.
Plus, witness statements, and firsthand accounts of the incident. Moreover, the rider should also obtain a Motorcycle Accident Report Form from the DMV. Which includes important information about the accident.
This includes details about the parties involved and the time and location of the accident.
Filing and Monitoring Your Motorcycle Accident Lawsuit
Upon filing, a summons must be served either via certified mail or personal service to the defendant. A hearing may need to be held to decide the amount of compensation, and you will need to provide testimony.
The case will then proceed to the court and any settlement or award agreed must be monitored, and timescales adhered to. Ultimately, you will have to decide whether to accept the offer or present your motorcycle accident case in court.
Types of Damages That Can be Awarded in a Motorcycle Accident Lawsuit
Recoverable damages include economic and non-economic damages. Economic damages, such as medical and rehabilitation costs and lost wages.
These are typically easier to calculate and prove than non-economic damages, such as pain and suffering or loss of enjoyment of life. In addition, punitive damages may be awarded for particularly reckless behavior it may be possible to secure.
Everything to Know About How to File a Motorcycle Accident Lawsuit
The lawsuit filing process can be long and difficult. But with the right information and resources, you can achieve a favorable outcome for your case. If you have been involved in a motorcycle accident, contact a lawyer immediately to determine the next steps to take.
Don’t wait any longer, file a motorcycle accident lawsuit, and take the necessary steps now to get the compensation you deserve.
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