A motorcycle accident can lead to serious injuries, even if it is a minor collision. Due to their lightweight and small size, motorbikes are difficult to spot on the road, especially if they're in another vehicle's blind spot. This increases the risk of catastrophic crashes.
Fortunately, personal injury law allows injured victims to pursue claims after their motorcycle accidents. However, under the statute of limitations, an affected party may not have enough time, especially if a government agency is liable for their injuries.
Schuerger Shunnarah Trial Attorneys have decades of combined experience handling motorcycle accident cases and fighting insurance companies to obtain compensation for their clients. Injured victims in Houston, Texas, should reach out to them to discuss their claims and learn more about their legal options.
What Is a Statute of Limitations and How Does It Impact a Personal Injury Case?
Before pursuing a motorcycle accident claim or personal injury lawsuit, it's essential to understand the statute of limitations and its impact on civil cases.
When a crash injures a person, the law allows the affected party to seek damages. However, victims must file claims within the time frame mentioned under the Texas Civil Practice and Remedies Code Chapter 16, which is commonly referred to as the statute of limitations.
If the affected party fails to bring a personal injury claim or lawsuit within the statute of limitations, they may lose their right to financial recovery.
Motorcycle Accident Statute of Limitations in Texas
Under the Texas Civil Practice and Remedies Code, Section 16.003, the statute of limitations for a motorcycle accident case is two years from the date of the traumatic incident. Failure to adhere to this deadline can bar the affected party from obtaining compensatory damages. For more information, a motorcycle accident law firm may be able to help.
Exceptions Under the Texas Motorcycle Accident Statute of Limitations
While the statute of limitations for motorcycle accidents in Texas is two years, there are certain exceptions, commonly referred to as "tolling," that place a hold on the deadline. These are as follows:
The Discovery Rule
Sometimes, injuries after a motorcycle accident may not be so apparent, or they may take time to manifest.
A concussion, for example, may be challenging to diagnose at the time of the crash due to the adrenaline and shock from the incident. In such situations, the statute of limitations doesn't begin until the day the victim discovers or reasonably should've discovered their injuries.
Minors
Another exception that places a hold on the statute of limitations applies to minors. The court deems children under 18 incapable of making sound decisions, which is why the clock does not start ticking until the claimant reaches the legal age.
Wrongful Death
While personal injury claims involving injured victims have a two-year statute of limitations that begins from the date of the accident, wrongful death cases are a bit different. In a fatal motorcycle accident, the clock does not start ticking until the affected party passes away.
Injured victims or grieving family members must reach out to an experienced motorcycle accident attorney to help circumnavigate the complexities associated with a personal injury case. They can also help with explaining the truck accident statute of limitations in Texas.
Skilled lawyers can assess claims and determine how long the affected party has left to pursue compensatory damages.
The Statute of Limitations Can Be Shorter. Injured Victims Must Act Quickly and Seek Legal Help!
Depending on the parties involved in a motorcycle wreck, the statute of limitations may be much shorter than two years. In cases involving a government agency, injured victims only have six months to file a notice of claim with the relevant department.
After investigating the notice of claim, the negligent government entity has the right to offer a fair settlement or decline the complaint. Upon refusal, injured victims may be able to file a motorcycle accident lawsuit in court.
It's important to understand that while the statute of limitations for a motorcycle accident claim involving a government agency is six months, some municipalities may have a shorter deadline. The City of Houston, for example, provides 90 days for injured victims to bring civil action.
How Can a Texas Motorcycle Accident Lawyer Help Injured Victims in Houston?
Schuerger Shunnarah Trial Attorneys have recovered more than $1 billion in compensatory damages for their clients. They can help the injured motorcycle accident victims in Houston, Texas, in many ways, including the following:
Investigate the Motorcycle Accident
Before pursuing a motorcycle accident case, it's crucial to investigate the incident and gather the necessary proof to build a strong claim or lawsuit. Injured victims must act quickly, as evidence may start to fade away with time, and witnesses could lose their memory, which may adversely impact the outcome of the legal action.
It's important for the affected party to contact an experienced personal injury lawyer immediately. They can help retrieve police reports, medical records, and CCTV footage, take pictures of the crash site, and speak to witnesses for a recorded statement, increasing the victim's chances of obtaining compensation.
Assess the Damages
A motorcycle accident claim must also specify the amount of damages the victim is seeking for their injuries. These may include the following:
Economic losses: These types of damages refer to out-of-pocket expenses incurred by the injured victim following their accident. It may include lost wages and medical bills. In some cases, the affected party may also request payment for repair or replacement of their property (motorbike).
Non-economic losses: A motorcycle accident can lead to non-monetary damages, including pain and suffering, mental anguish, and reduced quality of life, among others. These are challenging to calculate without the help of experienced professionals.
While injured victims may be able to figure out the economic damages by adding up all of the medical bills, determining non-economic losses is much more difficult.
Often, affected parties without legal representation fail to properly assess the value of their motorcycle accident claims, resulting in lower settlements. This could adversely impact their financial situation.
A skilled personal injury lawyer can work with the motorcycle accident victim to understand the pain and suffering they're experiencing and consult medical experts for their opinion when calculating the total damages incurred following the incident.
File the Motorcycle Accident Claim
After building a strong motorcycle accident claim, injured victims must adhere to the legal process and file the complaint with the relevant insurance company or government department, depending on the facts surrounding their case. Failure to follow the rules and guidelines can result in a denial.
A reputable law firm can guide motorcycle accident victims and handle all of the paperwork, reducing the risk of rejection.
Negotiate with the Insurance Company
Negotiations are a major hurdle that most motorcycle accident victims fail to overcome. When the affected party files a claim, the insurer hands the case over to the adjuster, whose job is to reduce payouts and save the insurance company some money.
The personal injury lawyers at Schuerger Shunnarah Trial Attorneys have worked for insurance companies before, and they know all of the insider secrets, allowing them to create strategies that work in the best interest of the victims. They're not afraid to take matters to court if the insurer fails to agree on a reasonable settlement. They are also able to help with the construction accident statute of limitations in Texas.
Texas Motorcycle Accident Victims Can Strike Fear in Insurers with Schuerger Shunnarah Trial Attorneys!
Those who have suffered injuries in a motorcycle accident due to someone else's negligence in Houston, Texas, should call to schedule a free consultation with the experienced Schuerger Shunnarah Trial Attorneys. We can assess the facts surrounding victims' claims and aggressively fight for the compensation they deserve.