Experiencing a motorcycle accident can be a traumatic event. While injured victims need time to recover, it's crucial to be aware of the statute of limitations for filing a claim against the at-fault party that caused the accident.
Each state has its own statute of limitations for personal injury claims. The point of this limitation is to ensure that any personal injury cases judges have to consider are up-to-date and relevant. After a period of time, people's ability to recall and interpret a motorcycle crash is less reliable, reducing the chances of granting a fair settlement offer.
What Is the Statute of Limitations for a Motorcycle Accident in Indiana?
Motorcycle accidents are considered personal injury cases. Therefore, Indiana law governing personal injury claims also applies to motorcycle accidents. In Indiana, victims have two years from the date of the accident to file a personal injury claim.
These deadlines are taken very seriously. If a person attempts to file a personal injury lawsuit after the expiration date, their post-accident compensation right is waived. Schuerger Shunnarah Trial Attorneys can also share the average motorcycle accident settlement in Indiana.
What Risks Does a Motorcyclist Face?
Driving a motorcycle is often considered very dangerous because of the lack of protection offered by the vehicle. Some of the common catastrophic injuries that motorcyclists and passengers are often exposed to include:
Traumatic brain injuries
Spinal cord injuries
Road rash and burns
Partial and permanent disability
Unfortunately, many motorcycle accidents also tend to be fatal. Those that are not fatal usually require extensive and long-term medical care, which is why receiving maximum compensation is vital.
What to Do Immediately After a Motorcycle Accident
Given the strict two-year deadline, it's advisable that accident victims start investigating their accident as soon as they are able to. However, it's essential not to compromise the recovery process and make any injuries worse.
Once appropriate medical attention has been received, the following steps should be adhered to:
Speak to any witnesses and gather their statements.
Take pictures of the accident scene.
Gather any social media posts about the accident.
Try to obtain video footage from the accident from any shop or security cameras in the vicinity.
Speak to the at-fault party and gather their personal details and contact information.
Request a statement from any applicable police officers, first responders, and your insurance company.
Obtain opinions from any expert witnesses, such as medical professionals.
Keeping up with all of this can be overwhelming after going through something traumatic. That's why it's recommended to hire a professional attorney who can handle the entire process. Experienced attorneys have an appropriate network, making it easier to secure witness statements that form a crucial part of evidence in court. They can also go over the meaning of a no zone motorcycle.
When to Contact an Indiana Motorcycle Accident Attorney
It's always advisable to contact an Indiana personal injury attorney as soon as possible after a motorcycle or car accident. They will know what to do and how to move forward with the case, regardless of whether the victim decides to file a civil lawsuit or not.
The Indianapolis motorcycle accident lawyers at Schuerger Shunnarah Trial Attorneys, for example, will negotiate with insurers on behalf of our clients and communicate with the police officers present at the accident scene to get a thorough understanding of the whole picture. With all of this taken care of, victims are able to focus on their recovery and trust that their rights will be upheld.
How Long Do Victims Have to Negotiate Their Personal Injury Case?
Once a personal injury claim has been submitted, all that's left to do is wait until the court makes a decision on how to proceed with the case.
Anyone who is eligible to pursue compensatory damages for their losses has two choices, either to settle out of court or go to trial. In the event of an out-of-court settlement, the at-fault party and their legal representative will have to be present at any meetings.
There is no specific timeframe for negotiating a settlement amount. This process can continue until the claimant is satisfied with the settlement amount offered by the defendant.
It's important to keep in mind that settlement negotiations tend to get resolved much quicker than going to trial. However, don't let this deter you from going to trial to get fair compensation for your sustained injuries.
Consulting an Indiana personal injury lawyer regarding the specific timeline for the case is always a good idea.
Preparing for Trial
Unfortunately, we have to face reality, and that is that many personal injury claims will end up going to trial. This is often the best course of action when the at-fault party and their insurer do not want to cooperate.
When a case goes to trial, a judge and jury will decide on the amount of compensation the accident victim will receive. That being said, it's crucial to take note that going to trial can be a lengthy process that can last anywhere from a few months to years.
Claimants who take their personal injury claim to court will have to undergo the following:
The judge and jury's verdict
Throughout the case, the victim has the right to negotiate a fair settlement offer. However, once closing statements have been delivered, this is no longer the case.
Get a Free Consultation from a Reliable Personal Injury Attorney Today!
The statute of limitations for filing personal injury cases, such as motorcycle and car accidents, in Indiana is two years. While this might seem like a long time to seek compensation, don't be fooled. This time often flies by, and people who do not take action will be unable to receive compensation for their injuries. Therefore, to pursue compensation for lost wages, medical bills, injuries, and more, it's vital to take action immediately.
If you or a loved one was injured in a motorcycle accident due to someone else's negligence, contact the compassionate and professional lawyers at Schuerger Shunnarah Trial Attorneys for a free consultation. Our legal experts are willing and able to go to war for you!