Motorcycle Accident in Los Angeles: How Long do you have to file an Injury Claim?
2 months ago Byram Charity Comments Off on Motorcycle Accident in Los Angeles: How Long do you have to file an Injury Claim?
Just like a car crash, a motorcycle accident can pose a lasting psychological, emotional, and physical outcomes to the victim. These accidents are often more severe than vehicle accidents as all motorcycles offer a limited level of protection to the users. Depending on the magnitude of the accident, the victim can take a few days, weeks, or even months to recover fully from the injuries caused by the crash.
The legal and insurance issues that may arise from the crash have to be handled appropriately and in time. The law allows you to approach any civil court in Los Angeles and file a personal injury lawsuit in respect to the accident that resulted in your injuries. In court, you will be required to prove the following elements;
- The driver at fault had a responsibility of care to make sure the passenger was safe
- The driver at fault breached the mentioned duty of care
- The breach resulted in an accident that caused injuries or financial loss to the victim
- The level of negligence of both the accident victim and driver. Sometimes, the motorcycle driver may not be 100 percent at fault. Probably both you (the victim) and the driver caused the accident.
All personal injury claims are complicated issues, and you need help from an experienced expert. This is the reason you should hire trained and reliable personal injury lawyer in LA to handle the legal issues on your behalf.
Statute of limitations
The law has a strict statute of limitations that clearly prescribes the duration within which you can file a motorcycle crash claim. It sets a limit to the duration given to accident victims to file their claims to avoid instances where someone files a frivolous, vexatious, and scandalous personal injury claims decades after a simple motorcycle crash occurred.
According to the personal injury related laws in LA, you have up to two years to file a personal injury claim. In a case where you, the victim, are seeking for loss of consortium, you are allowed up to four years to file your accident claim. The dependents of the deceased will need a grant of a letter from different levels of administration to file the lawsuit, and this might take time.
Remember, the time starts running from the moment the accident happened. Both public holidays and weekends are counted in either the four years or two-year timelines. You should file the claim against any driver that you can prove was at fault during the motorcycle crash.
The statute of limitations makes it possible to collect and keep evidence required to ensure the success of your accident claim. Keep in mind that once you fall victim to an accident, you should act quickly and get your claim filed in time. It’s also advisable to contact your attorney in time to help with the process of collecting and preserving evidence, filing the lawsuit, and representing in court.