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How Long Do You Have to File Your Motorcycle Accident Case?

Motorcycle Accident Victims Should Act Fast

Motorcycle accident victims need to quickly begin filing a personal injury claim because of the statute of limitations. In Washington state, victims have 3 years. However, many accident victims hesitate to begin the legal process. Their physical condition, ignorance of the law, or belief that legal action is unnecessary prevents them from acting.

When you consider pursuing a motorcycle accident case, you need to know that there is a statute of limitations. After a certain period of time you are unable to file for damages. Besides that, if you act fast, you will be better off in the end.

What is a Statue of Limitations?

A statute of limitations is a law that places time restrictions on filing of claim or pursuing criminal prosecution. Personal injury victims in the Washington state have 3 years from the date of the accident to file a case. The 3 years applies to intentional torts, or wrongful acts done on purpose. Victims have 2 years to file for slander or libel.

In vehicle crashes involving injury while riding a motorcycle, the three-year limitation most frequently applies. Any or all individuals held liable for the accident can have the claim filed against them by the victim. The victim’s family may also file the claim if the victim is unable. Once this timeframe passes, however, restitution may no longer be so sought.

The statute of limitations applies to the initial filing of the claim. It does not apply to the settlement of the case. Reaching a fair settlement might take longer than three years depending on the details of the claim.

Statute of Limitations Varies by State

Not all states have identical laws regarding the statute of limitations. If your accident occurred outside of Washington, check the applicable legal code as soon as possible.

A comprehensive, state-by-state list of a statute of limitation laws can be found at personal injury statute of limitations.

Within the statute of limitations period, a skilled lawyer for motorcycle accidents can help you to seek the justice you deserve. A consultation with a legal professional helps determine if any action needs to be taken in your specific case.

In most cases, the sooner you file your 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.

To avoid the possibility of losing out on restitution, it is important to seek legal advice as soon as possible.

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