After a motorcycle accident, you have a limited time to file a lawsuit against the at-fault party. The exact amount of time, called the statute of limitations, can vary depending on the state where the accident occurred.
Certain circumstances can extend the time frame for accident victims to pursue compensation. For example, if your injuries prevented you from filing a lawsuit or the at-fault party is out of state, a different statute of limitations may apply. A Michigan motorcycle accident lawyer familiar with your state’s laws can help you understand how long you have to file a lawsuit and assist you with the legal process.
Statute of Limitations for a Motorcycle Accident Lawsuit
Statute of limitations refers to the amount of time someone has to file a lawsuit against someone for losses, injuries, and death. The time limits for different types of actions can vary widely even within the same state. In most states, the statute of limitations for a motorcycle accident lawsuit can range from one year to five years. If the motorcycle accident victim suffered fatal injuries, a different statute of limitations may apply for a wrongful death lawsuit or survival action.
In Michigan, for example, the statute of limitations for filing a personal injury lawsuit, such as a motorcycle accident claim, is usually three years. This time limit applies for both personal injury and wrongful death claims.
When Does the Statute of Limitations Period Begin?
In most states, the statute of limitations begins on the date the motorcycle accident occurred. So, a three-year statute of limitations for a motorcycle injury would end three years from the date of the accident. This time frame may differ depending on the circumstances surrounding the crash, so you benefit from speaking with a Michigan personal injury attorney as soon as possible after the accident occurs.
What Happens if You Miss the Statute of Limitations?
The statute of limitations sets the legal time limit for filing a lawsuit against the responsible party. If you fail to file a lawsuit within the allotted time, you could lose your chance to recover damages from the at-fault party.
Missing the statute of limitations could also force you to take an insurance settlement below the value you deserve. In fact, unscrupulous insurance companies will sometimes drag out a claim past the statute of limitations because it removes a bargaining option for the victim.
Factors That Can Affect the Statute of Limitations for a Motorcycle Accident Lawsuit
Numerous factors can affect the statute of limitations following a motorcycle accident. The following are the most common factors that can extend the statute of limitations in Michigan.
Motorcycle Accident Victim’s Age
Per Michigan law, a motorcycle accident victim who is a minor can file a lawsuit against the at-fault party within three years of the incident or one year from their 18th birthday. Wrongful death claims for a minor car accident victim must still be filed within three years of the accident date.
Location of the At-Fault Party
If the party responsible for the motorcycle accident absent from the state after the accident but before you file, the statute of limitations may be extended until the responsible party reenter’s the state. Since the accident cannot serve the lawsuit on the at-fault party while they are out of state, Michigan law allows for this extension, as long as the at-fault party is out of the state for more than two months.
Motorcycle Crash Victim’s Mental State
A motorcycle crash victim who experiences insanity or mental derangement following the accident may have the statute of limitations extended. The accident victim need only be unable to understand their legal rights. They do not have to be deemed clinically insane. Once the victim is of sound mind and can understand their rights, they have a year to file a lawsuit against the responsible party.
Fraud or Concealment
Michigan laws also extend the statute of limitations on personal injury claims if the responsible party fraudulently conceals information relating to the claim. This exception allows the motorcycle accident victim to proceed with legal action against the at-fault party within two years of the date they discover the concealed information.
For example, say the motorcycle accident was caused by a motor vehicle operator, but another person concealed the operator’s identity. If the accident victim later discovers the identity of the at-fault vehicle operator, they can sue the responsible party for damages within two years of that discovery.
The laws applying to statutes of limitations vary by state, so always check with a motorcycle accident attorney in your state.
When to File a Motorcycle Accident Lawsuit
Generally, speaking, sooner is better for filing a motorcycle accident lawsuit. If you aren’t sure how to proceed or your injuries prevent you from filing, a motorcycle accident attorney can guide you through the process. There are many reasons that it is better to pursue a claim sooner rather than later, including the following.
The Time Passes Quickly
While you may have a few years from the date of the accident to file, the time can pass quickly. If your injuries are severe, you could still be in recovery and rehabilitation when the statute of limitations is up.
An attorney can begin the legal process on your behalf, including gathering evidence, determining fault, submitting insurance claims, and negotiating a settlement. Understanding the Michigan motorcycle accident average settlement can help set realistic expectations. Most importantly, an attorney can file the lawsuit promptly to ensure you don’t lose the chance for fair compensation.
The Evidence Quality is Better
Evidence can degrade over time. By calling an attorney right away, you give them the chance to obtain evidence for your claim while it is still fresh. For example, your lawyer could:
- Obtain photos of the accident scene before the debris and skid marks disappear
- Secure video evidence from traffic cameras, nearby businesses, and CCTV
- Take statements from witnesses while they still remember important details about the accident
- Create an accurate accident reconstruction based on the available information
- Obtain a copy of the accident report from the local authorities
The Lawyer Has More Time To Negotiate a Settlement
By giving your lawyer more time to build a case, they can conduct a more thorough investigation into the cause of the accident. They may be able to discover if there were multiple parties at fault and gather additional evidence to prove negligence.
With more time to negotiate, your attorney has a better chance of achieving a fair settlement. In addition, settlement talks can continue after filing a lawsuit. Injury lawsuits often settle without going to trial. However, a lawsuit does show the insurance company you are serious about recovering compensation. They may be more inclined to settle for a higher amount to avoid expensive, time-consuming litigation.
Contact a Lawyer to Find Out How Long You Have to File a Motorcycle Accident Lawsuit
The statute of limitations for a motorcycle accident lawsuit differs depending on the state where the accident occurred and numerous other factors. A skilled motorcycle accident injury lawyer can help you understand which time limits apply to your case. Contact Christensen Law today with questions about your Michigan motorcycle accident claim.
