When Is It Too Late to Get a Lawyer for a Motorcycle Accident?
June 7, 2024If you’ve suffered an injury due to another driver’s negligence in a motorcycle accident, the physical, financial, and emotional losses you suffer can be immense, and working closely with an experienced motorcycle accident attorney from the start is always in your best interest. If time has elapsed, however, and you’re still struggling with the legal damages you’ve experienced, it may not be too late to reach out for the skilled legal guidance of an experienced Ventura County motorcycle accident attorney.
California’s Statute of Limitations
The statute of limitations for filing a lawsuit against an at-fault driver in the State of California is two years from the date of the injury-causing motorcycle accident. You’ve been injured and are dealing with your physical and emotional recovery, and in the process, time can slip away from you. This is perfectly understandable but doesn’t help protect your rights or your rightful compensation. The sooner you consult with a focused motorcycle accident attorney, the better positioned you’ll be to recover compensation for the full scope of your losses in their entirety. As long as that two-year time limitation hasn’t elapsed, it’s not too late to discuss the matter of your claim with an attorney.
Proving the Other Driver’s Negligence
To bring a successful motorcycle accident claim, you’ll need to prove the other driver’s negligence, which often comes in dangerous forms like the following:
- Distraction
- Exhaustion
- Impairment
- Aggression
- Excess speed
- Failure to follow traffic laws
Proving fault generally comes down to evidence like the following, which can be more difficult to acquire with the passage of time:
- The police report and any tickets issued
- Any photos and videos gathered at the accident scene
- The testimony of eyewitnesses
- Any dashcam footage that captured the accident
- Physical evidence gathered at the scene
Your Legal Damages
The losses you can recover compensation for in a motorcycle accident claim include the following:
- Property damage to your bike and anything you were carrying on it
- Your medical bills, including those for related healthcare needs that are ongoing
- Your lost income, which includes any losses related to earning power
- Your physical and emotional pain and suffering, which can exceed the other losses you experience combined
Proving the full extent of your losses generally comes down to evidence such as the following:
- Your related medical bills
- Your doctor’s accounting of the injuries you sustained and your health prognosis
- Documentation of your pre and post-accident earnings
- Your own telling of how the accident and your injuries have impacted your life – as well as related statements made by those who know you best
An Experienced Ventura County Motorcycle Accident Attorney Is Standing By to Help
The accomplished Ventura County motorcycle accident attorneys at Bamieh & De Smeth appreciate how serious the losses you experience in the aftermath of a motorcycle accident can be and will spare no effort in their quest to obtain compensation that covers your complete losses. Because the time you have to file a lawsuit is limited, please don’t wait to contact us online or call 805-643-5555 today.