How Long Do I Have to File a Motorcycle Accident Lawsuit?
Motorcycle accidents are common and can be devastating. But, if you’ve been injured in a motorcycle accident, you might not know how to proceed or how to protect your rights.
Illinois law has a two-year statute of limitations for filing a personal injury lawsuit for injuries sustained in most motor vehicle accidents in Illinois.
However, if the at-fault driver was driving under the influence (DUI) or texting while driving, then you have three years from when the incident happened to file suit against that person/company that caused your injuries.
You could lose all your legal rights by missing this deadline—and it's easy to miss! At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys know how stressful dealing with insurance companies can be after an accident like yours.
Consequently, our motorcycle accident attorneys offer free consultations to explain what legal options are available to you. Call our law firm toll-free at (888) 424-5757) to schedule a free case evaluation.
An attorney-client relationship will keep any sensitive or confidential information private based on the trust we have developed.
Motorcycle Accident: How Illinois’ Statute of Limitations Relates to Your Compensation Claim
Under Illinois law, you have two years to initiate a lawsuit. The state’s statute of limitations applies to personal injury claims, including those resulting from motorcycle accidents.
This limit is true even if you or someone else has died in the accident. Typically, the two-year time frame begins on the date of your injury, not when the person's death occurred.
However, there may be exceptions that affect your case. For example, if the at-fault party did not know or could not reasonably have known of injuries until after the two years had passed, you may still be able to sue them.
Another situation is when someone else knew but was prevented from telling anyone about it by threats (e.g., a spouse who their partner is threatening). In these situations, the two-year time period does not begin to run until that person knows about the injuries caused by the motorcycle crash.
In Arizona v. Kennedy, a Supreme Court case from 1967, the court determined that when a party is aware of injuries, they could file a lawsuit against someone else but not because they were threatened. In these cases, the statute of limitations does not run out.
Motorcycle Accident: What If My Lawsuit Is “Time-Barred”?
If you missed the two-year filing period for your lawsuit, it might be considered "time-barred." In that case, a court will dismiss your claim.
However, you may still be able to file a claim against the responsible party if they were aware of injuries from the accident but concealed them from you. This law is referred to as "fraudulent concealment."
When you file a lawsuit for injuries, the party at fault (the defendant) has 30 days to acknowledge your written demand letter. If they do not, they may default and owe additional costs, including attorney fees.
Motorcycle Accident Statistics
One out of every four fatal accidents in the United States involves a motorcycle. Motorcycle fatalities account for about five percent of all highway deaths every year. The rate at which people die in motorcycle crashes is far greater than that of any other vehicle on the road.
One out of every four fatal accidents in America involves a motorcycle.
Most bikers are males between the ages of 20 and 45.
Additional findings of motorcycle crashes:
- Motorcycle riders are thirty times more likely to die in a crash than someone riding in a car.
- In 2018, 3,811 motorcyclists died on the road, and 95,000 were injured.
- Only about half of all motorcycle riders involved in a crash wear helmets.
- In 2017, there were 4,837 female motorcycle fatalities versus 8,474 male fatalities.
- In 2018, around 90 percent of all motorcycle riders were involved in a collision with another vehicle, and only 5 percent of all drivers involved in collisions were also on motorcycles.
The At-Fault Party in an Accident
The at-fault party in an accident is the person who caused the crash. The law firm of Rosenfeld Injury Lawyers, LLC are highly skilled attorneys who are committed to excellence in personal injury law. Contact a motorcycle accident lawyer for a free consultation.
Motorcycle Accident Lawsuit
Motorcycle crashes in the United States are under-reported and under-protected by legal precedent. As a result, there are thousands of motorcycle deaths each year in the US.
In 2018, motorcyclists only made up 1% of all vehicles in traffic but accounted for 14% of all traffic fatalities.
Lawsuits are generally only filed in the event of serious injury or if someone is killed, despite motorcycle crashes causing $17 billion per year in productivity loss and medical expenses.
Many motorcycle accident lawsuits arise from motorcycle crashes and go to trial for judgment. If you need to file a lawsuit for a motorcycle collision in Illinois, you should consider whether the driver was at fault.
To file a lawsuit after a motorcycle accident in Illinois, you must prove that the other driver was negligent. When you file a lawsuit after a motorcycle crash, the resolution time varies from state to state. Only a limited period exists to file a lawsuit after a motorcycle crash.
Our lawyers understand that it's challenging to file a lawsuit after a motorcycle accident in Illinois while still nursing injuries from the crash. Consequently, they are ready to offer you a free consultation.
The Burden of Proof and Duty of Care in a Motorcycle Crash
The plaintiff has a higher burden of proof than most other civil cases: "the plaintiff bears the burden of proof in a negligence action against a governmental entity."
The plaintiff must prove the defendant breached their duty of care, which was the cause of injury, and the breach was the proximate cause of injury.
An accident lawsuit in America is usually resolved through settlement or trial. To begin an accident lawsuit, a plaintiff files a complaint with the court. A defendant can settle with the plaintiff at any time during the motorcycle accident lawsuit.
How Much a Motorcycle Collision Case Is Worth
Before filing a lawsuit in Illinois, be sure you know how much your case is worth. Many injured people in motorcycle crashes want to file a lawsuit against the at-fault driver.
Motorcycle Accident Case
A motorcycle collision occurs when a motorcycle collides with another vehicle or when the motorcycle itself is damaged due to some other force.
Motorcycles are far more dangerous than other vehicles because they lack a protective shell for the driver. This difference can be attributed to two primary factors: lack of protection and increase in relative speed.
Motorcycles are more likely to be involved in crashes that lead to serious injuries or fatalities for the people riding on them. One of the most common questions raised from these cases is whether or not a motorcyclist can be at fault if they cause a motorcycle collision.
Our law firm explores the evidence before deciding to file a lawsuit after a motorcycle accident.
A Motorcycle Crash-Personal Injury Claim
A personal injury claim in a motorcycle mishap in America is often filed when a biker is involved in a collision with another vehicle. The injury claim is filed with the insurance company of the responsible party.
The biker's insurer may also be involved in the personal injury claim process. For example, the biker's insurer may pay for legal representation or put out a subrogation claim to seek reimbursement of whatever amount they paid out for the injury claim.
Most motorcycle accident claims in America are handled through a no-fault automobile insurance system. Contact a passionate lawyer from our law firm to schedule a free legal consultation about your motorcycle injury case.
Once you file a lawsuit after a motorcycle accident in Illinois, you must complete a series of steps before the case is brought to trial or settled during a negotiated meeting with the defendant and their insurer.
The number of motorcycle riders in the United States is rising. Yet, according to the latest statistics, motorcycle crashes in America make up 95% of all reported motor vehicle fatalities, compared to car accidents that claim 10% of all accidental deaths.
The motorcycle accident victims who survive motorcycle crashes suffer major or extreme injuries. Most crashes are the result of someone’s negligence or environmental conditions.
Driver's negligence can have severe consequences on motorcycle accident victims. The injured motorcyclist should sue the negligent driver for injury costs.
For instance, motorcycle crashes in America usually result in more injuries than fatal crashes (42,000), and in 2018, over $16 billion were spent on medical expenses and lost earnings.
The at-fault driver's insurance provider is responsible for covering the cost of any property damage, medical bills, and other expenses after an accident happens. Injured motorcyclists have a limited time to file a lawsuit against the negligent party. In most motorcycle accident cases, this allows for two years from the date of the accident.
Do not wait if you are nursing motorcycle injuries. Instead, talk to our experienced motorcycle accident lawyer for a free consultation.
Injuries in an Accident
The accident victims who survive motorcycle crashes suffer major or extreme injuries. For instance, accident victims can suffer cervical spine injuries, considered a major injury because the spinal cord is damaged.
Personal injuries in a motorcycle mishap can be challenging. Apart from the physical damage, there are financial considerations as well.
Common Injuries in a Motorcycle Accident
Some common injuries in a motorcycle accident include:
- Laceration and abrasions
- Road rash (to the skin)
- Bruises and contusions
- Brain injury, concussion, and closed head injuries
- Broken or fractured bones
- Nerve damage
- Soft tissue damage
- Road rash (to the eyes)
Bone fractures are among the most common injuries inflicted in motorcycle crashes.
Physical injuries are injuries that people receive from physical harm due to accidents. Although recovery depends on the severity of the injury, physical therapists and doctors work together to treat patients with physical injuries.
Internal injuries after a motorcycle crash may not be visible to the naked eye, but they can take a heavy toll on the victim's quality of life.
A motorcycle accident victim needs immediate medical attention. Furthermore, Traumatic brain injuries are the leading cause of death in motorcycle crashes.
Spinal cord Injuries in Motorcycle Accidents
Spinal cord injuries are a devastating type of accident, especially in cases where the patient cannot recover from their injuries. In addition, spinal cord injuries are the leading cause of paralysis in the United States.
Pain and Suffering Following an Accident
Pain and suffering are synonymous with accidents. Furthermore, pain and suffering can be caused by any number of circumstances so that no single value can be applied to them.
Pain and suffering compensation is paid to someone who has experienced emotional or physical pain from being harmed. The value of a settlement for pain and suffering varies from case to case, but it generally falls between $10,000 and $40,000.
It is often difficult to receive compensation for pain and suffering, as there are no visible signs of injury. Instead, the insurance adjuster must rely on witness testimony and medical evidence to support the victim’s claim.
Seeking legal advice for a motorcycle accident can be stressful and time-consuming. Therefore, it's advisable to seek legal advice from a passionate lawyer.
Motorcycle Accident: How Long to Resolve a Claim
Were you involved in a motorcycle accident? How long it takes to resolve your case depends on numerous factors. Usually, the claims adjuster will offer a lowball settlement to resolve the case quickly, days or weeks before you know the extent of your injuries, the amount of your property damage, and if you’ll need long-term care.
Our law firm suggests that you seek medical attention immediately, hopefully from the accident scene or urgent care or an emergency room in the hours after the accident occurred.
Next, we suggest contacting a personal injury law firm that specializes in motorcycle collisions. Our legal team will ensure that you receive competent care from the best doctors and help you file a claim for maximum compensation.
Property Damage in a Motorcycle Accident
The property damage in a motorcycle accident claim is usually done against the motorcycle's liability insurance. When you are trying to claim property damages on your own, you must file an uninsured motorist claim.
The uninsured motorist property damage claim is usually made against your policy. The time frame for property damage in Illinois is two years from the date of loss.
Wrongful Death Lawsuit in a Motorcycle Crash
A wrongful death claim can be filed when someone is killed in an accident caused by another person’s negligence.
Wrongful death claims may also include cases where a corporate entity or an individual is responsible for the wrongful death.
Medical bills in motorcycle crashes can be sky-high. The average medical bill in motorcycle accidents can approach $2,000,000, mainly if you're left in need of long-term care.
Even if you're injured, doctors may insist that you pay your medical bills upfront before they perform the treatment.
For example, if you've had an accident and need surgery to fix your broken leg, you might have to pay all the medical bills before the hospital allows you to go home from the surgery. Don't wait to initiate legal action if you have medical bills from a motorcycle accident.
Have you suffered motorcycle crash injuries? If so, our personal injury attorneys are available to assist with your claim. Call our law firm today at (888) 424-5757 for a free consultation about your motorcycle accident case.
Statute of Limitations in a Motorcycle Accident: How Long to File
The statute of limitations for motorcycle crashes in Illinois is two years. The two-year statute of limitations in Illinois requires that a motorcycle accident lawsuit be filed within two years after the date of an accident or the date that the person filing the lawsuit discovered or should have discovered that their injuries were caused by someone else's negligence or wrongful conduct.
However, the person filing the lawsuit may request in writing that the court extend the statute of limitations for a period not to exceed 180 days from the date of their written notification.
It is important to note that even if someone has filed a motorcycle accident lawsuit after an accident, that person may still choose to file another lawsuit in the future if new injuries are discovered.
Although tolling agreements between an injured person and a negligent party may extend the period to file a lawsuit, the filing of such an agreement does not suspend the statute of limitations.
However, even if a tolling agreement has been signed, the individual must file a lawsuit before the statute of limitations runs out or forever lose their right to do so.
In short, the statute of limitations is a deadline for filing a lawsuit, and under Illinois law, that deadline is one year. Therefore, if you fail to meet the deadline, your right to file a lawsuit ends forever.
Pursuing Compensation in a Motorcycle Accident
If you have suffered injuries due to someone else's carelessness, you may be entitled to receive compensation for your injuries.
You require a motorcycle accident lawyer for a free legal consultation if the other party is trying to reduce the settlement amount of an accident by claiming that the other party was also at fault.
First, a motorcycle accident lawyer will seek compensation through payments from third-party liability insurance. Second, a motorcycle accident lawyer will seek compensation through payments for lost wages.
You need to pursue compensation for your injuries. Depending on the extent of your injuries, an attorney's free consultation for legal assistance will best understand the full extent of the damages you are entitled to receive.
A fair settlement for a motorcycle accident is difficult to determine. In many states, it can be hard to determine if the insurance company will try and screw you over or if you can even get a fair settlement in many states.
Lost wages are a significant aspect of any motorcycle accident case. Time away from work results in lost wages. In addition, lost wages are generally fair for compensation in a motorcycle accident case because the person who gets hurt is not earning wages. At the same time, they are laid up due to their injuries.
Many people are unaware that laws to protect individuals from lost wages due to accidents exist.
Insurance Companies in Motorcycle Crashes
The insurance companies' duties are to their shareholders. If they pay the claim, they are at a loss of money. Insurance companies employ risk managers and claim handlers to help negate these losses. A motorcycle accident victim must have legal representation or risk being taken advantage of, which diminishes the case to counter the insurance companies' tactics.
The auto insurance company may have convinced a jury that the accident was the motorcyclist's fault. Still, they cannot deny this person is entitled to personal injury compensation! For a free consultation on a motorcycle accident claim in Illinois, speak to our motorcycle accident lawyer for legal help.
Insurance settlements are a common topic of discussion among Americans. The vast majority of Americans have or will have to deal with the settlement process at some point in their lives.
Legal Representation in a Motorcycle Accident
It's helpful to have an experienced attorney by your side for a free consultation on your legal options during car accident cases. But in the case of motorcycle accidents, it's even more critical to have the proper legal representation by your side.
If your queries about your legal rights and the legal process are not answered sufficiently by your insurance company, you should seek legal counsel.
Before taking any action to resolve an insurance claim after the accident happens, you should understand all of your legal rights. Our motorcycle accident lawyers will take legal action against the party at fault to compensate for your loss. Without legal action, you'll be left without relief.
The legal process in a motorcycle crash is similar to the legal process in any car accident, with a few differences.
Hiring an Accident Lawyer to File a Motorcycle Accident Lawsuit
Are you looking for an accident lawyer to help with your motorcycle accident injury claim?
We are a law firm that specializes in filing motorcycle accidents and personal injury cases. Our motorcycle accident attorneys will work tirelessly to get you the compensation you deserve for your serious injuries on a contingency fee basis.
You don't need to suffer through this alone. Call our law office today at (888) 424-5757 to schedule a free consultation with one of our experienced motorcycle accident lawyers. The lawyer will provide you with a free case evaluation and all the information about your motorcycle accident case and how we can help.
Our experienced motorcycle accident lawyer will keep any sensitive or confidential information private through an attorney-client relationship.