If you are injured in a motorcycle accident in Columbus, you generally have two years from the date of the collision to file a personal injury lawsuit against the negligent party. This doesn’t mean you must receive a judgment within two years, but you must begin legal action within that time.
There are some exceptions to the statute of limitations. A Columbus motorcycle accident attorney versed in the personal injury laws of Ohio can help to ensure you meet the filing deadline.
What Are the Exceptions to the Statute of Limitations for Motorcycle Crashes?
Someone who suffers a personal injury from a motorcycle crash typically has two years to file a lawsuit for compensation, according to Ohio Revised Code Section 2305.10. However, according to the Ohio Revised Code Section 2305.16, if the individual is a minor when the accident occurs, he or she has two years after the eighteenth birthday to file a personal injury lawsuit.
If the individual is of “unsound mind” when injured, he or she may file after the disability is removed. If the individual becomes of unsound mind after the accident but before the two-year limit is reached, the time that the person’s mind is deemed unsound doesn’t count as part of the two-year time limit.
Further exceptions include the time the defendant is in hiding, in prison, or out of state. Not every exception applies to every case. An attorney familiar with Ohio’s statute of limitations will be able to guide you in staying within the timeline dictated by your unique circumstances.
When to File a Wrongful Death Lawsuit After a Motorcycle Accident
Certain family members generally have the same amount of time to file a wrongful death lawsuit as a personal injury lawsuit—two years, according to Ohio Revised Code Section 2125.02. However, just as there are exceptions for the amount of time one may have to file a personal injury suit, so there may be exceptions for the time the decedent’s personal representative has to file a wrongful death suit.
Another exception is the same as that for a personal injury—if the defendant is hiding, in prison, or out of state, the statute of limitations may be delayed.
How to Recover Compensation for Injuries From a Motorcycle Crash
After a motorcycle crash, you and your attorney will follow an insurance claim process before you get to the point of filing a personal injury lawsuit. The steps you take will depend on the details of your crash, but usually include:
Proving Negligence
If you are injured in a motorcycle collision through no fault of another, you will simply contact your insurance company and file a claim for medical expenses and, possibly, damage to your motorcycle. But if your injury is the result of another’s negligence, you and your lawyer must prove that the accident and injury are the result of a negligent act or inaction. Once evidence is found to support your case, you will file an insurance compensation claim to recover damages.
When investigating an accident for negligence, your attorney will:
- Review police and medical records
- Collect physical and digital evidence
- Evaluate weather, road conditions, and risk factors in the area from the day of the accident
- Gather eyewitness statements
The evidence gathered must demonstrate that an individual or entity:
- Had a duty of care to behave in a reasonable manner for the safety of others
- Breached their duty of care by behaving in an unsafe manner and putting others at risk
- Caused the accident by behaving in an unsafe manner
- Caused you to suffer losses due to the accident
Potential Compensation
With proof of negligence in hand, you and your attorney will list all of your losses, which may include but are not limited to:
- Medical expenses
- Lost wages and benefits
- Property damage
- Pain and suffering
- Mental anguish
After filing a claim with the liable party’s insurance company, your attorney will negotiate with them for a fair settlement. If the insurance company denies your claim outright or does not negotiate in good faith, making it impossible to reach an agreement for the settlement you deserve, it will be time to file a personal injury lawsuit.
Why it’s Important to Stay Within the Statute of Limitations
There are many issues to consider when pursuing compensation after a motorcycle accident:
- Evidence of negligence must be gathered as soon after the crash as possible. Physical evidence can easily go missing, and the memories of eyewitnesses naturally fade with time. The evidence will be used for your insurance claim and later, if necessary, for your personal injury lawsuit.
- Filing an insurance claim too quickly can mean that your medical team doesn’t have the time to adequately determine your long-term needs and include those costs in your claim. But you must file a claim to discover if the claim will be denied or accepted, and then negotiations will follow, which may result in a settlement that all parties embrace.
- The accident investigation and insurance negotiations must be complete within two years of the accident so that you have time to file a personal injury lawsuit if need be. If you do not file within two years, you will not be allowed to pursue compensation through the courts. With no insurance compensation settlement and no compensation judgment, you will be left with what your insurance will cover.
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After Your Motorcycle Accident, The Fitch Law Firm LLC Is Here for You
Personal injury law is complicated. In addition to knowing how the law applies to you, it’s critical to understand deadlines, like the statute of limitations for motorcycle accidents in Columbus, and to know how those deadlines affect your case.
We offer free case consultations and collect no fees if we do not recover compensation for your losses. Contact us today. We want to help you.