The legal process aims to be fair to all parties who are involved. While you have legal rights as an injured motorcyclist, the defendant has their own rights that can potentially protect them. One of these rights is that they are not subject to liability for their actions in your motorcycle accident for an unlimited amount of time. It would be unfair to them to place the defendant at risk of a potential lawsuit for an inordinate time period. As such, the law imposes a “statute of limitations” on your ability to file a claim or lawsuit for motorcycle accident compensation.
There Is a Deadline for You to File a Motorcycle Accident Lawsuit
Under Commonwealth of Pennsylvania law, you have two years from the date that you were injured to file a motorcycle accident claim or lawsuit. The statute of limitations usually begins to run on the date of your motorcycle accident because that is when you were hurt. There is an exception called the “discovery rule,” which gives you extra time if you did not immediately know that you were hurt. Then, you have two years from the time that you knew or should have known that you were injured to file a claim or lawsuit.
The “statute of limitations” is “a firm deadline that strictly limits your right to sue.” When it comes to the law, the deadline is the deadline, and there are very few exceptions. If you do not file a lawsuit in advance of the deadline, you lose the right to sue entirely. It does not matter whether you missed the statute of limitations by a day, a month, or a year.
The result is always the same. Your case would be dismissed by a judge without proceeding to any hearing on the merits. Typically, the defendant would file a motion to dismiss the case based on the statute of limitations, but a judge could even raise the issue on their own.
If you cannot file a lawsuit, you would also not be able to file an insurance claim. The insurance company would have no motivation or obligation to pay you any money if you are not able to file a lawsuit against them in court. They could deny your claim, and you would have no recourse against them because you no longer have the right to file a lawsuit.
You Need to Contact a Motorcycle Accident Lawyer Even if You Have Time to Sue
Motorcycle accident lawyers will often tell you that you need to file a lawsuit in order to beat the statute of limitations. What you really need to do is to contact a motorcycle accident lawyer as soon as possible and put the matter in their hands. Not only is there no danger that you would miss the deadline because you have a lawyer, but you can also take time to both develop your case and negotiate a potential settlement with the insurance company.
Remember, it can take a considerable amount of time to go through the lawsuit process. It can even be years before you get the money that you deserve in a motorcycle accident case. The legal process does not speed up just because you waited to contact a motorcycle accident lawyer. The best thing that you can do is to put your case in the hands of your lawyer as soon as possible and let them deal with the legal process on your behalf.
Contact a Delaware County Motorcycle Accident Lawyer at Bikers Have Rights to Get the Compensation You Deserve for Your Motorcycle Accident Injuries
To get started on the legal process and to seek the compensation you may deserve, speak to a Delaware County motorcycle accident lawyer at Bikers Have Rights. To schedule a free consultation, contact us online or call today at 877-333-0300. Located in Plymouth Meeting, Pennsylvania, we proudly serve clients in Pennsylvania and New Jersey.