How Long Do I Have To File A Motorcycle Accident Lawsuit In California?
Posted on Sunday, June 23rd, 2013 at 12:57 am
When you are injured in a motorcycle accident, the last thing on your mind is filing a lawsuit. Depending on the severity of your injuries, you are more concerned with your health and the condition of your motorcycle. Your medical treatment should be your top priority; however, you should also make consulting with an attorney a priority. You have a limited time to file a lawsuit for injuries sustained in a motorcycle accident. If you miss that deadline, your claim can be denied.
Our Sacramento motorcycle accident attorneys have experience handling a variety of personal injury claims, including motorcycle accidents. Let us worry about deadlines, claims, and insurance adjusters while you focus on getting better. Call (916) 999-9000 for a free consultation with an experienced California motorcycle accident attorney.
What is the Deadline to File a Motorcycle Accident Lawsuit in California?
In most cases, you have two years from the date of the accident to file your lawsuit. However, as with most laws, there are some exceptions to the rule. For example, claims against government agencies must be filed within six months of the crash. If you do not file your notice of claim, you cannot file a lawsuit for damages. On the other hand, if your claim is only for property damage, you have up to three years to file a lawsuit unless a governmental entity is involved.
Another exception is for victims who are minors at the time of the accident. If the victim is under 18 years of age at the time of the crash, the statute of limitations is tolled (paused) until the child reaches 18 years. At that time, the statute of limitations begins to run and the person must file a lawsuit before the deadline expires.
A Word of Caution
Every case is different, and you should not assume your case fits within an exception. You should always consult with an experienced attorney as soon as possible to discuss the specifics of your case. Calculating a deadline to file a motorcycle accident lawsuit can be complex. If you make a mistake, your lawsuit will be dismissed, and you will be responsible for all costs, expenses, and damages.
The best step is to call our office as soon as possible after an accident. Our attorneys will work with you to begin building a case against the party responsible for your crash. By beginning early, we can preserve key evidence and work toward a settlement instead of a prolonged court battle. However, the key is to act promptly instead of waiting until the last minute to decide to take action.
Call a Sacramento Motorcycle Accident Attorney for a Free Appointment
For your free legal consultation and no-obligation case evaluation, The Tiemann Law Firm can be reached by telephone at (916) 999-9000 or by visiting our website. We accept most personal injury cases on a contingency basis — you don’t pay our attorney fees until we recover money for your claim.
Our law firm serves clients in Sacramento, Folsom, Roseville, El Dorado Hills and other communities in the greater Sacramento area.