How Long Do You Have to File Your Motorcycle Accident Case?
While many victims of motorcycle accidents know right away that they need to file a personal injury claim, others may be hesitant to begin the process due to extensive injuries, a lack of knowledge, or a belief that a personal injury claim is not necessary. When you begin considering a motorcycle accident personal injury case weeks or months following your motorcycle accident, you need to know what the law says about the statute of limitations for filing a personal injury claim.
Washington Law Regarding Motorcycle Accident Personal Injury Claims
What is a statue of limitations?
A statute of limitations is a law that places time restrictions on the filing of a claim that a crime has been committed. In the case of personal injury, the statute of limitations is of particular interest.
Washington Statue of Limitations Law
In the state of Washington, the law states that injury victims have 3 years from the date of injury to file a case for intentional torts and 1 year from the date of injury to file a claim for slander or libel personal injury cases.
In the case of most motorcycle accident personal injury cases, this means that the victim, or the victim’s family, has three years from the date of the accident to initiate a personal injury claim against any and all persons liable for the accident. Once this time frame passes, you can no longer seek restitution for your injuries that occurred during the motorcycle accident.
This does not mean that your personal injury case must be settled within a two-year time frame, it only limits the initial filing of the claim. Many complex personal injury claims may take more than two years to reach a fair settlement.
Other State Laws Regarding Statute of Limitations and Personal Injury
If your injury occurred outside of the state of California, you may need to check the statute of limitations laws for other states. Not all states enact identical laws regarding the statute of limitations for personal injury cases. A comprehensive, state-by-state list of statute of limitation laws can be found at: http://law.freeadvice.com/resources/personal_injury_statute_of_limitations.htm.
In Washington, as long as your personal injury claim is filed before the three-year anniversary of your accident, a skilled personal injury lawyer can help you seek the justice you deserve for your injuries. For many individuals who are unsure of whether a personal injury claim is in order, a consultation with a personal injury attorney can help determine if any action needs to be taken, and this consultation should occur well before the three-year mark for the accident in order to allow for processing of the claim should one be deemed necessary.
In most cases, the sooner you file your personal injury claim, the better your chances for reaching a favorable settlement. As time passes, details of the accident become lost or muddied and it becomes more difficult to prove liability in a motorcycle accident in some circumstances.
To avoid the possibility of losing out on restitution, it is important to seek legal advice as soon as possible following a motorcycle accident.
IF YOU, OR A LOVED ONE, HAVE BEEN SERIOUSLY INJURED IN A CAR ACCIDENT IN WASHINGTON - CALL TODAY FOR A FREE CONSULTATION!
