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Regardless of how careful people are to prevent an accident from happening, it's impossible to always stay safe from unforeseeable situations. Motorcycle accidents are highly dangerous for both the rider and the victim, and recovering from them can be more expensive than many people expect. Therefore, the victim's first step after a motorcycle accident should be filing a personal injury lawsuit.
When someone files a personal injury lawsuit and wins the case, they can get compensation for medical bills, lost wages, property damage, and more. However, there are certain limitations to the way people can file a motorcycle accident claim.
In civil and criminal laws, the statute of limitations of a procedure is the time people have to start or file that legal claim. Once that time limit finishes for a motorcycle accident or any other personal injury case, the victim can't file any kind of claim against the liable party anymore.
It's essential for victims to understand what the statute of limitations is for a motorcycle accident to make sure they file their claims on time. The best way to go through the legal process successfully is to hire a qualified and experienced personal injury attorney. People looking for a motorcycle accident lawyer in Missouri can call the Powell Law Firm to get a free consultation today. They can also help with the truck accident statute of limitations in Missouri.
What Is the Motorcycle Accident Statute of Limitations in Missouri?
The motorcycle accident statute of limitations in Missouri is five years from the date of the accident. That means victims have five years from that day to file a personal injury claim against the liable party for the crash.
Similar to the motorcycle or car accident statute of limitations, most personal injury cases have the same limit of five years from the date of the accident to file the lawsuit. It's important to understand that this concept refers to the time people have to start the process, not to complete it.
Negotiating with the insurance company or liable party can take months. The same happens with collecting evidence or going through the trial. Therefore, people are often scared of not meeting the statute of limitations in a lengthy legal process. This is a misconception, though, since that limit has nothing to do with the time people have to finish the legal action.
Do All Personal Injury Lawsuits Have the Same Statute of Limitations?
As mentioned before, other personal injury cases, such as car accidents, have the same statute of limitations as a motorcycle crash. However, this doesn't apply to all accidents. Here are a few examples of legal procedures with a different time limit from motorbike accidents:
-Wrongful death claim - three years
-Medical malpractice claim - two years
-Claims against government entities - two years
What Happens If People File a Personal Injury Lawsuit After the Statute of Limitations? - Exceptions to the Rule
People can't immediately file a motorcycle accident personal injury claim after the statute of limitations deadline finishes. Regardless of that, there are a few exceptions to this rule.
The first exception is the discovery rule. This rule states that a judge can extend the statute of limitations for a personal injury claim if the injury or cause of the injury is not immediately apparent. In these cases, the statute of limitations is five years from the date of the discovery of the injury or its causes, or the time it should have been discovered through reasonable diligence.
Another exception is when the victim is under the age of 21 or mentally incapacitated to go through the legal procedure. As for the former, the deadline cap will start to run when the victim turns 21, which means they will have until their 26th birthday to file a personal injury claim for the motorcycle accident. Regarding the latter, the deadline will run the date they become mentally capacitated for the trial.
The same happens when the defendant the victim wants to sue leaves the state. In this case, the Missouri motorcycle accident statute of limitations deadline won't include the time the defendant is out of the state. However, if someone wants to use these exceptions to their favor, they need to get help from a lawyer and let the court know everything beforehand.
Is The Missouri Personal Injury Statute of Limitations Enough for Filing a Claim?
The Missouri statute of limitations for motorcycle accidents is more than enough for people with qualified and experienced personal injury attorneys to file a proper claim against the liable party for the crash. However, it's common for people to worry about this due to all the things they need to do before filing the lawsuit. Powell Law Firm can also advise on the pedestrian accident statute of limitations in Missouri.
Here is a rundown of all the steps people have to follow within the Missouri car accident statute of limitations to file the claim and what happens before they do it:
Hire a Personal Injury Lawyer
Victims of motorcycle accidents should always contact a personal injury lawyer after the crash. Attorneys will know what to do to get the best deal possible for their clients. Once someone contacts a law firm, the person who takes the call will most likely ask them to schedule a free consultation to discuss the details of the case and what the legal strategy for the case should be.
Why is hiring a motorcycle accident lawyer in St Louis MO for personal injury claims important? Well, first, because they understand Missouri's personal injury statutes of limitations perfectly, so they will know how much time they have to file the lawsuit. Besides that, they can handle all the paperwork needed for the process.
However, victims shouldn't hire the first person they find online. The victim's personal injury lawyer will keep the insurance company or defendant from giving the victim an unfair deal. On the contrary, they will make sure they get enough compensation for medical expenses, lost wages, or property damage in the legal claim.
Regardless of that, people should only hire a lawyer and start the process of filing a claim once they seek medical attention and ensure they are safe. The victim's health should always be their top priority, and the main idea of getting compensation should be to get money for medical treatment.
Collect Evidence
Collecting evidence is what will give the victim enough arguments to negotiate with the insurance company or win a trial. Things such as witnesses, audio, pictures, videos, and medical records are excellent pieces of evidence for a case. The most important part of the process is to prove the accident caused the injuries the victim suffered and that the defendant was the one who caused the crash.
It's worth noting that Missouri follows a comparative negligence fault system. This means that both parties can be liable for the accident depending on the percentage of liability they have for the crash.
People can get evidence right after the accident happens. Once they are safe, getting medical attention will give them records as a result, which is already evidence for the case. They can also take pictures of the scene and take the other party's personal information.
File a Claim
After people seek medical attention, hire an attorney, and get enough evidence, they can file a lawsuit against the person who caused the accident. The lawyer will draft a complaint with the details of the accident, the victim's injuries, and the compensation they are looking forward to getting. Then, they will file it with the appropriate court in the state.
Once the lawyer files the complaint, the defendant gets a copy of the complaint and a summons that lets them know of the lawsuit and their legal obligation to respond. They have a specific time to answer the lawsuit, and they have to admit or deny the allegations of the victim.
Get to an Agreement/Go to Trial
Criminal and civil cases don't always have to end in a trial. Regarding personal injury cases, the defendant and the person suing the lawsuit can try to negotiate and get to an agreement on how much compensation the victim should receive.
The main benefit of getting to an agreement is that the victim knows they will get compensation for what happened without going through the trial. However, they will almost always get less money than what they asked for in the first place.
If they can't settle, the case will go to trial. While losing the trial would mean not getting any money at all, winning it means the victim will get the money they asked for in the claim. Regardless of that, the victim needs to mentally prepare for it since it's an overwhelming and stressful process.
Final Thoughts - Get Help from the Powell Law Firm Today
Now that the people reading this article know the statute of limitations for motorcycle accidents, they know how much time they have left to start the process of getting compensation for what happens to them. The best way to do this is to hire the best lawyer they can find online.
People looking forward to hiring a personal injury lawyer in Missouri can count on the Powell Law Firm. This company doesn't only take motorcycle accident cases but also car crashes, pedestrian accidents, dog bites, product liability, medical malpractice, and more. The only thing they need to know is to go to the firm's website and call the number there to schedule a free consultation as soon as possible.