Claims and lawsuits are not the same. After a motorcycle accident, how long you have to file a claim depends on the liable insurance company. You file a claim with the liable insurance company. This is an out-of-court claim. However, to file a lawsuit in civil court, you generally have two years to file your case, per Pa. C.S.A. § 5524.
If you miss the statutory deadline, you could lose the right to seek compensation for your injury-related losses. When you partner with a motorcycle accident lawyer from our firm, you won’t have to worry about any filing deadlines. You can trust that we’ll do everything possible to file your case within the appropriate period.
You Generally Have Two Years To File–Yet Some Exceptions May Apply
Your case’s statutory deadline generally begins from the date you or a loved one suffered harm. If you’re filing a lawsuit on behalf of a late loved one, you generally have two years from the date of their passing to file a wrongful death lawsuit.
Yet, there are many factors that could give you more or less time to file your lawsuit. Some of these factors include:
- The age of the injured party. If you were hurt as a minor, you could have additional time from the date of your 18th birthday to file a lawsuit.
- Suing a municipality. If you were struck by a vehicle operated by the government, you generally have the standard two-year period to file your case, but must additionally give notice of your claim to the governmental entity within 6 months of the date of the accident.
- When you discovered your injuries. You might have walked away from the motorcycle accident seemingly unscathed. Then, weeks later, you might have experienced symptoms of serious impairment, like a traumatic brain injury. In this case, your filing deadline would start from the date you discovered your injuries, rather than from the date of the collision itself.
Other exceptions may apply than those listed here.
What Happens if I Miss the Filing Deadline?
If you miss your case’s civil filing deadline, your suit will likely fail. The at-fault party’s representative will be well aware of the statutory time restrictions. If you file your lawsuit past the expiration date:
- The defendant’s lawyer will ask the court to dismiss your case immediately.
- Their request for dismissal is likely to be granted.
- You could be left with few options for recovering compensation for your losses.
The personal injury lawyer you hire will handle the settlement negotiation process with your case’s filing deadline in mind. If settlement negotiations are prolonged or seem unproductive, they will file your lawsuit to protect your right to damages.
For a free legal consultation, call 412-661-1400
By Filing Your Case on Time, You Could Recover These Damages
By filing your case within the appropriate filing deadline, you preserve the right to recover:
- Medical expenses
- Lost wages
- Property damage costs
- Pain and suffering
- Mental distress
- Emotional trauma
- Physical disability
- Lasting disfigurement
- Wrongful death-related damages, such as funeral costs
As noted, a motorcycle accident lawyer will ensure your case is filed on time. They will also accurately assess and document your losses, so they don’t leave any money on the table following negotiations.
How Do I Prove the Value of My Motorcycle Accident Claim?
Understanding the value of your losses takes time. Waiting for all post-accident bills, estimates, and receipts to come in can seem to prolong your case. Waiting is important, though, because not waiting can lead to accepting an inadequate offer.
A lawyer will prove the value of your recoverable damages with your:
- Emergency, follow-up, and anticipated medical bills
- Full and part-time income statements or tax records
- Property repair and replacement estimates
- Receipts related to making a loved one’s final arrangements
Your lawyer will use many of these items, along with your written medical prognosis, to establish the monetary value of your current and future pain and suffering. They may also consult with healthcare providers, economists, and experts in your field of employment to assess what you financially deserve.
We’re Here To Meet Each of Your Legal Needs
With our injury firm on your side, we will do more than pursue compensation for your collision-related losses. You can trust that we will:
- Investigate your case and gather evidence
- Prove the other party’s negligence
- Interview witnesses
- Consult with accident reconstruction specialists
We also work on contingency, so you pay nothing out of pocket for our services.
Call Immediately for a Free Case Review
Understanding your case’s filing deadline is an important part of your case. When our personal injury lawyers handle your case, we do more than explain how long you have to file a claim. We will also meet this deadline.
Avoid a potentially costly filing delay by contacting one of our Berger and Green team members for your free case review today. During this no-obligation conversation, we can discuss your legal rights, what you can expect from the claims process, and the benefits of partnering with our Pennsylvania injury firm.