You cannot file a claim if your motorcycle accident occurred more than two years ago. You must act within Texas’s statute of limitations. If this deadline expires, you can no longer sue for damages and, therefore, have no legal leverage over the insurance company.
In general, it is best to file your insurance claims as soon as possible after your motorcycle collision. Doing so will protect your right to pursue compensation in several ways. A motorcycle accident lawyer with our firm can help you get started today.
What Is the Statute of Limitations for a Motorcycle Accident Claim in Texas?
If you or your loved one suffered injuries in a motorcycle crash caused by negligence, you can recover compensation from the liable party. Pursuing damages often starts with filing a claim with the at-fault party’s auto insurance provider. However, you do not have unlimited time to seek your losses.
According to Texas Civil Practice and Remedies Code § 16.003, you have two years to file a personal injury lawsuit or sue for wrongful death in Texas. The clock starts at the time of your motorcycle wreck.
If you do not file an insurance claim or reach a settlement agreement before the statute of limitations runs out, you will not be able to sue for damages because the court will not take your case. Without the threat of legal action, you have no leverage over the insurance company. You may have no choice but to accept a denied claim or lowball settlement.
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Acting Quickly Can Protect Your Right to Motorcycle Accident Compensation
You should get started on your motorcycle accident claim immediately. Even if you have a solid, clear-cut case, gathering evidence and working through negotiations can still take time. It will take longer if the insurance company drags its feet, plays hardball, or employs bad-faith tactics. You want to ensure you have an ample window to work out a fair settlement before the statute of limitations expires.
In addition, acting quickly can benefit your case in the following ways:
- It allows you to collect and preserve evidence before it deteriorates, is cleaned up, or lost
- It will enable you to locate and speak with eyewitnesses before their memories fade
- It allows you to locate and obtain surveillance or dashcam footage before it gets erased or recorded over
- It can protect you from allegations that your injury did not occur during your motorcycle crash
Damages You Can Recover for a Motorcycle Accident Injury
According to the National Highway Traffic Safety Administration (NHTSA), motorcycle riders are 24 times more likely to suffer a fatal crash injury and four times more likely to get hurt during a collision than passenger vehicle occupants. Motorcyclists are more at risk for several reasons, including their vehicle’s smaller size and lack of safety features, such as seatbelts and airbags.
In addition, the lack of protection leaves bikers vulnerable to severe and catastrophic injuries, such as spinal cord injuries, traumatic brain injuries, loss of a limb, or internal bleeding. Medical treatment can add up quickly. Injuries can also affect your life and finances in numerous other ways.
If your wreck was not your fault, you can pursue the following economic and non-economic damages with a motorcycle accident claim or lawsuit:
- Current and future medical expenses. You can seek compensation for medical care required because of your accident. Medical damages may include ambulance transportation, emergency department treatment, medical procedures, mobility aids, rehabilitation services, long-term nursing, and life care.
- Loss of wages. You can pursue lost income and employment benefits if you cannot work due to your injury and recovery. If you suffered a permanent or disabling injury that forces you to change jobs or leave the workforce, you can seek awards for the loss of your future wages and earning potential.
- Motorcycle damages. You can seek the cost of repairing or replacing your motorcycle. You can also recover compensation for other damaged personal property, including safety gear or navigation equipment.
- Pain and suffering. Pain and suffering damages compensate injury victims for intangible losses, including mental and emotional distress, physical pain and suffering, loss of enjoyment, and diminished quality of life.
- Wrongful death. If your loved one sustained a fatal motorcycle accident injury, a wrongful death lawyer with our firm can seek compensation on behalf of the deceased’s estate and family. Compensation may include medical bills, funeral and burial expenses, loss of income and future financial support, and loss of services, companionship, and society.
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How Can a Motorcycle Accident Attorney Help With Your Case?
If you are within the two-year window established by the statute of limitations, you can still file an insurance claim or pursue a motorcycle accident lawsuit. However, if your motorcycle accident happened months or even a year or more ago, gathering evidence and proving liability can be more challenging.
It may benefit you to consult with a personal injury attorney from our law firm who can put their legal experience and case knowledge to work for you. We can:
- Visit the scene of your accident and collect evidence (if you act quickly!)
- Obtain important information from the police report, your medical records, and any other available sources if a considerable amount of time has passed since your motorcycle accident
- Employ the help of crash reconstructionists and other experts when needed
- Identify and calculate your damages
- Draft and file your insurance claims
- Aggressively negotiate for the maximum compensation possible
- Handle all case-related communications, deadlines, and “red tape”
- File a lawsuit and represent you at trial if necessary
Contact Loncar Lyon Jenkins for Help With Your Motorcycle Accident Claim
You can still file a motorcycle accident claim if your accident occurred a year or more ago, as long as you are inside Texas’s two-year statute of limitations. However, it is best not to wait and to pursue your claim as soon as possible following your collision.
Contact Loncar Lyon Jenkins for a free consultation and learn more about how our motorcycle accident attorneys can assist with your case. We can help you get started for nothing upfront or out of pocket. Connect with one of our experienced attorneys today.