The Insurance Information Institute reports that 68.52 motorcycle accidents result in fatalities per 100,000 registered vehicles in the United States.
If you’ve recently been involved in a motorcycle accident in California, chances are you’re wondering what the statute of limitations is for recovering damages that came from the accident you were involved in.
It can be tricky to understand what your rights are as a victim of an accident. That’s why we’ve created this guide to help you better understand what the statute of limitations is in California and how our experienced Long Beach accident attorneys can help you.
Keep reading to learn more!
What Is a Statute of Limitations?
If you’ve never heard the term statute of limitations, don’t worry.
It’s a legal term that refers to a limited amount of time that you have to go to a court and file a lawsuit over any type of loss or harm. The time frame that you have to file a lawsuit will depend on the kind of lawsuit that you’re looking to file.
What Is the Statute of Limitations for Filing a Motorcycle Accident Lawsuit in CA?
A statute of limitations in California’s state is the same amount of time it applies to all personal injury lawsuits in the state.
The California Code of Civil Procedure section 33.51 has set a two-year deadline for you to file a lawsuit after receiving a personal injury or loss as a result of a motorcycle accident.
When Does the ‘Timer’ Start on the Statute of Limitations?
In California, the ‘timer’ that starts on the statute of limitations will depend on whether the motorcycle accident resulted in a personal injury or if it resulted in death.
If there was any individual that was injured as a cause of the motorcycle accident, whether that individual was a pedestrian, a motorcycle rider, a driver, or a pedestrian, the lawsuit must be filed within two years to be the exact date of the motorcycle accident.
However, if there was a life that was taken as a result of the motorcycle accident, and a party is interested in filing a wrongful death case against the guilty parties, there is a different timeline.
The ‘timer’ for the statute of limitations will begin on the day that the individual dies. Even if the date of the accident is a few weeks before the person dies as a result of their injuries, the statute of limitations will be different than for a personal injury case.
Also, if you’re interested in filing a lawsuit over any damage to your vehicle or personal property, the California Code of Civil Procedure Section 338 outlines that individuals are allowed to file a lawsuit after three years after the accident.
Can You Recover Compensation for Future Losses?
You may be concerned about receiving compensation for any future losses after a motorcycle accident. The full value of any future losses may not be readily apparent for you. You need to work with a dedicated California lawyer who will help you fight for your rights.
Many motorcycle accidents have resulted in injuries that require ongoing medication and Medical Treatments that will continue for the rest of your life. California law allows you to seek financial restitution for the losses that you recently occurred, but also for any damages that you estimate that you will receive in the future.
When there are life-changing or permanent disabilities a result of a motorcycle accident, your experienced attorney will help you to understand how to estimate any future losses accurately and how to prove them in the court of law.
Some of the unique factors that will go into deciding the restitution that you were old will include:
- Your age
- Your health prior to the motorcycle accident
- Your life expectancy
- Your earning capacity
- The severity of your injuries
- The amount of medical help that doctors believe you will need, with cost adjusted for inflation
- The benefits that you received before the accident
- The income that you received before the accident
- If you received any injuries that prevent your ability to continue working, whether it be for a short-term or a long-term period of time
Your attorney’s calculations will often require the advice of medical experts and economic experts. Your training will already have connections with these industry experts to help make accurate calculations so that you are a word the full amount of restitution that you deserve as a victim.
Exceptions If Your Statute of Limitations for Filing a Claim Has Ended
There are exceptions to filing a plane after your statute of limitations has ended in California. The most common instances in which a court will approve an exception to the statute of limitations for filing are:
- There was physical incapacitation after the accident
- There was mental incapacitation after the accident
- If the individual that was injured was a minor under the age of 18; a statute of limitations doesn’t and until the minor has reached the legal age of 18
Contacting an experienced California attorney will help you understand your legal rights after being victimized by a motorcycle accident.
Hire an Experienced California Attorney Today
Understanding the statute of limitations surrounding motorcycle accidents in the state of California is essential. You can prepare to take the steps necessary to win your lawsuit by working with a legal professional.
Keep in mind that lawsuits take time to investigate, so make sure that you don’t wait until the end of the statute of limitations to file your lawsuit.
Are you looking to hire a lawyer that’s dedicated to your case? Our team of legal professionals is here to help you. Click here today to schedule a free consultation to learn how we can help you!