Motorcycle accident victims should focus on their physical recoveries immediately after serious motorcycle crashes. However, many accident victims require long-term assistance following devastating motorcycle collisions and cannot return to work. Families often cook, clean, and care for injured loved ones in the weeks following the crash, but what happens after the dust settles? The longer you wait to contact a motorcycle accident attorney, the less compensation you might recover for your injuries.
Negligently injured riders frequently struggle physically and emotionally during the rehabilitation process. They might also incur increasing medical bills while losing essential wages. Some claimants avoid discussing their financial recovery rights with local attorneys until they’re overwhelmed with lost income and medical expenses.
However, quickly contacting motorcycle accident lawyers following motorcycle crashes can significantly decrease the administrative stress associated with accidents. It can also protect injured riders from missing major claims deadlines and increase their overall financial settlements. Motorcycle crash attorneys frequently provide free and confidential claims consultations following motor vehicle collisions.
Understanding the Statutes of Limitations Applicable in Motorcycle Injury Cases
Each state sets deadlines for filing motorcycle accident litigation. These deadlines—called statutes of limitations—prevent injured riders from suing negligent defendants for their injuries after a certain date. This time frame represents the absolute longest you can wait to hire attorneys for your accident injury claims. Traditional motorcycle crashes involve personal injuries. As such, the statute of limitations applicable to motorcycle accident cases commonly applies to motorcycle accident cases.
The countdown typically starts on the accident date, and claimants must apply the limitations period in the state where the accident occurred. Some states only give injured claimants one year to file motorcycle accident litigation, while others give claimants six years to sue negligent drivers. Most jurisdictions provide claimants two or three years to investigate, prepare, and bring motorcycle crash lawsuits.
Importantly, different deadlines apply to different claims. Fatal motorcycle crashes trigger the statute of limitations for wrongful death litigation, and crashes involving defective bikes or safety gear may involve product liability deadlines. Local motorcycle accident attorneys can explain applicable state laws during initial accident consultations.
Once you understand the lawsuit deadlines that apply to your case, don’t wait to make your choice and hire a lawyer. Most attorneys need some time to gather relevant evidence—such as police reports, insurance statements, and medical records—and draft appropriate legal complaints.
Lawyers cannot request additional time to file litigation, and waiting until the last minute may limit your financial recovery options. Some attorneys may even reject last-minute cases, so consider contracting local counsel as soon as possible after motorcycle crashes.
Abiding by Insurance Claims Deadlines
Most viable motorcycle accident cases settle with liable auto insurance companies. Some cases settle before claimants file motorcycle accident lawsuits, but many lawyers bring litigation to combat lowball insurance offers and to settle liability disputes.
Most individual defendants do not have the financial ability to compensate seriously injured motorcyclists after crashes. Claimants must generally rely on insurers to settle their claims, which means abiding by state insurance regulations and claims deadlines.
Most insurers require policyholders to file initial claims within 30 days of the accident, though this can vary depending on the policy. Waiting longer may cause adjusters to question the validity of your case or result in automatic insurance denials. Failing to file timely insurance claims could give insurers the right to deny coverage, substantially limiting injured claimants’ financial recovery rights.
In such cases, claimants may need to file costly and time-consuming litigation. To maximize no-fault benefits or to trigger your uninsured/underinsured motorist coverage, you should hire dedicated injury counsel within a few weeks after the accident.
However, if some weeks already passed since your accident, never assume you lost your chances at compensation. Instead, contact a motorcycle accident lawyer as soon as possible to discuss the option in your situation.
Filing Public and Municipal Liability Claims
Dangerous roadways frequently contribute to motorcycle accidents. Public transportation departments rarely consider motorcyclists when designing roadways, highways, intersections, and traffic signs despite encouraging environmentally-friendly transportation. In addition to careless drivers, public entities may cause or contribute to motorcycle crashes.
Examples of public liability for motorcyclist injuries might include collisions and falls resulting from:
- Potholes
- Construction debris
- Sharp curves
- Poor street lighting
- Malfunctioning traffic control devices
- Insufficient roadway signs
- Public work zone and construction negligence
These cases frequently involve state or municipal liability requiring help from dedicated motorcycle accident counsel. Public entities limit their financial responsibility in motorcycle accident cases. As such, claimants must abide by strict administrative claims deadlines to recover compensation from negligent public employees or entities.
Motorcycle accidents involving damaged roadways, negligent public employees, or poor roadway design often require notifying the state of potential liability within 30 days or another short period. If your case involves potential public liability, do not wait to connect with and hire a motorcycle crash lawyer.
Exceptions to Claims Deadlines for Disabling and Fatal Injuries
Motorcyclists often suffer life-altering injuries following accidents. Some claimants spend months receiving in-patient care when recovering from a coma, chest crushing injuries, or spinal trauma.
Experienced motorcycle accident attorneys might help claimants suffering from the following serious injuries to qualify for special deadline extensions when possible:
- Burns – Riders often suffer from painful friction and thermal burns following motorcycle crashes. Severe burns often require sedation and in-patient nursing care. Some claimants also require multiple skin graft surgeries. Lawyers might request additional time to file insurance claims if patients need continuous burn-unit care.
- Traumatic brain injuries (TBI) – Mild, moderate, and severe concussions and brain trauma often involve confusion, memory loss, and cognitive disabilities. TBIs might also put claimants in comas or persistent vegetative states. In most cases, the statute of limitations tolls (pauses) while claimants fight to regain cognitive function. Families might also have additional time to obtain guardianship of seriously injured riders. Local motorcycle accident attorneys can generally help families obtain financial compensation for loved ones suffering from traumatic brain injuries.
- Chest contusions and crushing injuries – Motorcycle collisions can propel claimants into their bike’s handlebars. This force may cause chest contusions, internal bleeding, fractured ribs, and punctured lungs. Serious chest crushing injuries, which may also occur after run-over accidents, can irreparably damage riders’ vital organs.
- Fractures and amputations – Rare spiral and compression (crushing) fractures may occur during motorcycle crashes. Serious limb damage, including blood vessel, bone, and ligament injuries, often necessitates complex surgeries or life-saving amputations. Patients may require expensive in-patient care while recovering from serious leg fractures and amputations.
- Paralysis – Quadriplegia and paraplegia occur when the crash force causes irreparable spinal cord damage. This damage blocks brain signals from passing the damaged area, preventing all muscle movement. Claimants often require months of in-patient care and long-term disability benefits.
After life-changing motorcycle crashes, most claimants do not concern themselves with meeting claims deadlines. Attorneys might still help accident survivors and their families demand compensation even after certain deadlines pass.
Provided you connect with local counsel as soon as you’re medically able, experienced motorcycle accident lawyers may preserve your litigation and insurance rights. If the claimant died due to crash-related injuries, most families have an extra year to obtain administrative documents and to file wrongful death litigation on behalf of their loved ones.
Financial Damages Available in Viable Motorcycle Accident Cases
Many injured riders underestimate the value of their injury claims. While claimants may obtain reimbursement for accident-related medical bills and lost income, they might also demand compensation for lost enjoyment of life, household help, and lost career opportunities. Spouses and dependents might also request damages for their relational losses (loss of consortium), including lost income, increased household responsibilities, caretaker expenses, and lost emotional support.
Available medical damages might include:
- Ambulance, hospital, and doctors bills
- Occupational, cognitive, and physical therapy
- Medical transportation (handicap accessible taxis or specialized vans)
- Full-time nursing care
- Specialized medical equipment (wheelchairs, walkers, pillows, beds, and braces)
- Household modifications (shower bars, ramps, or extended doorways)
- Mental health counseling and medications
Claimants might also request damages for these lifestyle and career-based losses:
- Companionship care and household help (cooking, cleaning, shopping, childcare, or driving)
- Lost enjoyment of previous activities (riding, walking the dog, exercising, or baking)
- Frustration and inconvenience (lost time due to doctors appointments or trouble bathing/dressing)
- Mental suffering (depression, anxiety, and social frustrations)
- Physical pain
- Lost/delayed promotions and career opportunities
- Lost workplace benefits (health insurance, retirement contributions, or vacation time)
Claimants should consider all out-of-pocket expenses and losses associated with their motorcycle crash injuries. From herniated discs to head trauma, the recovery process often places emotional and financial strains on households. Hiring motorcycle accident counsel immediately following the crash often helps claimants understand their reimbursement rights and preserve evidence of their losses.
Benefits of Retaining Motorcycle Accident Counsel
The injury claims process does not favor unrepresented claimants. Insurance adjusters and professional defense attorneys may quickly take advantage of struggling riders and their families. Insurers may deny claims due to missed deadlines or demand unreasonable evidence from overwhelmed motorcyclists. Professional injury lawyers know these tricks and advocate for their clients’ legal rights throughout the financial and medical recovery process.
Assistance With Insurance Claims, Collections, and Benefits Appeals
Compassionate motorcycle crash attorneys frequently help claimants navigate the medical and disability insurance process. Law firms often keep copies of all necessary evidence and respond to third-party insurance requests on their client’s behalf. These additional services often help claimants obtain needed medical coverage and income benefits during lengthy settlement negotiations and litigation. Lawyers can also protect claimants by responding to unlawful insurance requests and fighting wrongful denials.
Having counsel often deters insurance adjusters from tricking injured riders into waiving essential rights. Further, collections agents, defendants, and adjusters cannot contact represented claimants with accident-related concerns. They must communicate with your lawyer, and you have representation rights throughout the claims process. Hiring an attorney in viable motorcycle accident cases takes immense personal and administrative pressure off injured claimants, allowing them to focus on their medical and emotional recovery.
Increasing Motorcycle Crash Settlement Offers
Insurers will take advantage of unrepresented claimants. Without the threat of judicial intervention—which often necessitates legal assistance—adjusters rarely offer claimants fair motorcycle injury settlements. Most unrepresented accident victims only obtain nominal compensation from insurers, even after gathering requested documentation and filing timely liability claims.
Motorcycle accident attorneys can file insurance claims, gather evidence, and negotiate substantially higher settlements for clients. The average represented clients obtain injury settlements in the tens or hundreds of thousands after motorcycle crashes, while claimants without lawyers often obtain less than $5,000 or nothing.
No Upfront Attorney Fees or Costs
Prospective clients frequently delay contacting local counsel due to financial concerns. Many injured claimants mistakenly believe motorcycle law firms will blindside them with expensive consultation fees, demand six-figure retainers, or trap them into unfavorable attorney-client relationships. This simply is not true. Motorcycle accident attorneys do not generally charge claimants any upfront or out-of-pocket fees. Instead of working on an hourly basis, motorcycle accident lawyers utilize contingency fees.
Contingency fee agreements allow attorneys to take a percentage of their clients’ overall financial settlements as their payment. Most motorcycle accident firms even front all litigation costs and evidentiary expenses during the settlement and litigation process. This arrangement keeps money in clients’ pockets when they need it most. If the attorney cannot recover compensation on your behalf, you do not generally owe any legal fees or costs for his services. There is little to no financial risk associated with contacting and hiring legal counsel for motorcycle accidents.
The Risks of Waiting to Hire Motorcycle Accident Lawyers
Insurers look for legal ways to deny your accident injury claims. Likewise, courts will dismiss untimely litigation to clear their dockets. If adjusters can justify denying you insurance coverage, they will. You must fight for your right to compensation following a devastating motorcycle accident. Waiting too long to hire motorcycle injury counsel can result in lost or destroyed evidence, reduced settlements, and missed claims deadlines.
The sooner you contact motorcycle accident counsel, the quicker your lawyer can investigate the scene, protect essential evidence, and prepare strong settlement demands. Even if the claim or litigation deadline has expired, consider discussing your case with local counsel. Experienced attorneys might still help injured claimants defend their rights and obtain financial compensation following life-altering motorcycle accidents.