Statute of Limitations in Motorcycle Accident Cases
Motorcyclists face a long battle with recovery in the event they are injured in an accident, especially one involving a larger vehicle. While a victim heals, they might not be thinking about the financial strain they will encounter, or the ramifications of waiting to pursue any legal action. Knowing what timeframe you have and the legal steps you need to take as a motorcycle accident victim is important to making sure you retain your rights. Miami motorcycle accident attorney Robert Dixon assists victims in pursuing legal claims against those responsible for causing their injuries. Family members who have lost a loved one in a fatal motorcycle crash must also consider any legal recourse that might be necessary for them. The Law Offices of Robert Dixon helps victims, as well as those who have lost relatives, comply with procedural requirements such as the statute of limitations in motorcycle accident cases. We represent clients in Broward, Miami-Dade, and Palm Beach Counties, and throughout South Florida. If you have questions about what to do next after being injured in an accident, contact our office to schedule a free consultation and learn more.Statute of Limitations in Motorcycle Accident Cases
The statute of limitations refers to how long a plaintiff has to file a claim to recover compensation in a civil case. Each cause of action has its own time limit, which is set by state statutes. In Florida, Florida Statutes Section 95.11(3)(a) sets the statute of limitations for personal injury claims, including those arising out of motorcycle accidents. Under this law, victims injured as a result of a motor vehicle accident have four years from the date of that injury during which to file a claim against a negligent party. When a family has suffered the loss of a relative due to a fatal motorcycle accident, the statute of limitations for wrongful death claims is within two years of the date of a victim’s death.
In some situations, Florida law allows for “tolling” the statute of limitations, which permits the clock on this timeframe to be delayed from starting, and your attorney can evaluate whether any of those exceptions may apply in your case. These specific circumstances can be complex, but generally, some of the more common scenarios under which a tolling of the statute of limitations can come into play include:
- When a defendant in the action is from out-of-state, and sufficient process cannot be served to establish jurisdiction;
- When a defendant in the action is using a false identity and service of process is impossible; and
- When related arbitration proceedings are still ongoing.
Civil claims arising out of a motorcycle accident are often vital to ensure that victims or families receive the compensation they need to cover the costs of medical treatment, time missed from work, and changes to the ability of a victim to make a living. Although necessary to ensure these claims are not delayed indefinitely, a statute of limitations can also go by quickly as plaintiffs attempt to gather evidence to support their claims of negligence. To establish negligence, plaintiffs prove certain elements, mainly that a defendant breached a duty of care owed to them, and caused their injuries and damages. As such, plaintiffs must be able to show, for example, that a negligent party failed to yield the right of way for a motorcycle, causing the accident and injuries. This kind of showing could require utilization of accident reconstruction experts, as well as testimony from doctors or other medical professionals who can attest to a victim’s injuries and the impact they may have on their livelihood.Motorcycle Accident Attorneys Serving Miami
If you’ve been hurt in a motorcycle collision, you will most likely need financial assistance to help with the costs of treatment. Injuries like broken bones, head trauma, and others require time to heal, during which the clock will start to run on the statute of limitations in a motorcycle accident case. Robert Dixon can help you make sure that time is not wasted in your case. The seasoned lawyers at our firm are dedicated to ensuring that clients receive experienced guidance throughout the legal process. If you or a loved one has been involved in a motorcycle collision, please call the Law Offices of Robert Dixon at (877) 499-4878 or contact us online to set up a free consultation and find out more about your legal rights and options for pursuing damages. We assist clients in communities including West Palm Beach, Fort Lauderdale, and Miami.