JLF FIRM ARTICLES AND NEWS

How Long Do I Have to File a Motorcycle Accident Claim?

Victims of motorcycle accidents in California have a period of two years from the date of their accident in which to file a claim or lawsuit seeking monetary damages. If the accident victim does not file his/her claim or lawsuit within this two-year period time frame, then damages will not be recoverable. Although there are some extremely limited exceptions this statutory time period is a hard and fast deadline. Consequently, it is important that you seek legal help as soon as possible after your motorcycle accident to ensure that you pursue compensation in a timely manner.

A knowledgeable California motorcycle accident lawyer can help you file your personal injury claim long before the statute of limitations expires. If the at-fault driver’s motor vehicle insurance company refuses to compensate you fully and fairly for your injuries, your lawyer could file a personal injury lawsuit in the state court system.

Filing a Claim with an Insurance Company

If you have suffered injuries in a motorcycle accident, your attorney could assist you with filing a personal injury claim for monetary compensation and damages. Since the State of California is a fault-based jurisdiction, your attorney will usually file the claim with the at-fault driver’s motor vehicle insurer. 

To be successful in pursuing a personal injury claim, the accident victim will need to demonstrate that another person or entity acted unreasonably under the circumstances, such as by violating a California traffic regulation or law. The accident victim must also prove that the accident, as well as his/her injuries, resulted from another driver’s carelessness, recklessness, or negligence.

Motorcycle accident personal injury claims have several stages. First, the accident victim’s lawyer will gather up all pertinent documentation, including copies of the police report, medical records, medical bills, and photographs. The attorney will then assemble all of these documents into a settlement demand package. If the insurance company accepts fault for the accident, the adjuster and the accident victim’s lawyer will typically negotiate – in an attempt to reach a fair settlement offer.

Many motorcycle accident cases settle out of court. However, when insurance companies and their adjusters are unreasonable and do not offer fair and full compensation, a lawyer may need to file a lawsuit in the California court system on the accident victim’s behalf. While in the court system, your attorney can litigate the case and take it to a jury trial or alternative dispute resolution proceeding – such as mediation or arbitration.

As part of a timely filed motorcycle accident claim/lawsuit, you might be eligible to recover certain types of damages. Those damages can include economic damages –  including compensation for medical expenses and lost wages – as well as non-economic damages. These non-economic damages compensate motorcycle accident victims for their mental distress, emotional anguish, pain, suffering, and inconvenience. A knowledgeable Riverside motorcycle accident lawyer can help you pursue a timely claim that seeks the monetary compensation you need for all of your accident-related injuries.