Claims and litigation are two very different things. When filing a claim for damages following a motorbike collision, the amount of time you have to do so is determined by the insurance company that is deemed accountable. You must make a claim only with the insurance provider responsible for the loss.
This is a claim that will be settled out of court. On the other hand, the statute of limitations for filing a complaint in civil court is often set at two years from the day the alleged wrongdoing occurred. You can check out some reputed sites like https://francistxlaw.com/practice-areas/fort-worth-motorcycle-accident-lawyer/ to get the best legal experts.
Mostly You Have 2 Years to File, but Some Exceptions Could Apply To You
In most cases, the statutory deadline for your lawsuit will begin counting down from the date you or a loved one were injured. If you are submitting a case on behalf of a loved one who has passed away, you usually have a time of two years after the date of the deceased individual’s passing to submit a wrongful death claim on their behalf.
Nevertheless, there are a lot of things that could lengthen or shorten the amount of time you have to submit your complaint. The following are examples of some of these factors:
- The ages of the person who was hurt. If you were injured when you were a juvenile, you might have an extended period of time to file a lawsuit beginning on the day of your 18th birthday.
- Filing a lawsuit against a municipality If you were injured in an accident caused by a vehicle that a government agency was driving, you have two years to file a compensation claim.
- When you became aware that you had sustained injuries. It’s possible that the motorcycle accident left you with no visible injuries after you got out of it. Then, many weeks later, someone might have started experiencing symptoms of a severe disability, such as a trauma to the brain
You Might Be Able to Recoup The Losses If You Bring Your Claim Within the Allotted Time
You can protect your right to recover in the following ways by ensuring that your lawsuit is filed before the applicable filing deadline:
- Medical expenditures
- Money not earned
- Expenses related to damage to property
- Anguish and anguish only
- Mental anguish
- Emotional trauma
- Impairment of the physical body
- Lasting disfigurement
- Damages related to wrongful death, such as medical bills and burial expenses
What Consequences Will You Face if You Fail to Meet the Filing Deadline?
If you miss the deadline for filing a civil case in your case, your claim will most likely be dismissed. The representative for the party who is at fault will be pretty knowledgeable about the statutory time constraints. If you file a case after the expiration date:
- The attorney for the defendant will make an urgent motion to the court asking that your case be thrown out.
- There is a good chance that their desire to be fired will be granted.
- You might be left with limited choices if you want to recover compensation for your incurred damages.
Conclusion
If you exceed the statutory limit, you run the risk of losing the opportunity to seek reimbursement for the injuries and damages you sustained as a result of the accident. When you work with a lawyer from our company who specializes in motorcycle accidents, you’ll need not worry about missing any important filing dates. You can have faith that we will make every effort to ensure that we file your lawsuit within the allotted time frame.
Read more: Do your Motorcycle Accident Injuries Warrant Legal Compensation.
