Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Not everyone who has been injured in a motorcycle accident can win a personal injury case. Therefore, it is important to know the basis for a Toledo motorcycle accident injury claim before filing. The person who causes the injury has to be deemed negligent, or at fault, under the law.
Someone is at fault when it is his responsibility to act or behave in a certain way, but fails to and causes some type of damage or injury. There is a lot of complexity built into that seemingly simple concept, but that is the rough idea. Speak with an experienced motorcycle collision attorney about proceeding with a claim for damages.
A routine traffic accident is a good example. Motorists have a responsibility to drive in a way that does not hurt others. When a driver speeds, fails to yield, or rear-ends another driver and causes an injury, then that driver is negligent.
Filing a Toledo motorcycle accident injury claim does not mean that someone is accusing the other driver of being a bad person, and it does not mean they are being greedy. It is simply a claim that the other person’s conduct has caused some type of harm for which the individual deserves to be compensated. No one is going to go to jail as a result of a civil lawsuit. The civil system offers a way for injured parties to be made whole for the damages they have suffered as the result of another’s wrongful conduct.
In any accident case, the injured person needs to understand that there are important deadlines that cannot be missed. The most crucial deadline is the date by which a lawsuit must be filed, which is called the statute of limitations. If this deadline is missed, someone may be forever barred from making a Toledo motorcycle accident injury claim.
In a typical motorcycle accident case involving injuries or death, the statute of limitations is two years. If a lawsuit has not been filed within that two-year period, no claim can ever be made. Injury claims involving children under 18 years of age are handled differently. Minors who have been injured have until two years past their 18th birthday to file a claim.
After an accident, injured riders must focus on making the best medical recovery possible. The treatment can be long and hard, often involving hospital stays and physical therapy. It is natural that the first thought after an accident is not hiring a lawyer. If someone has been injured in a motorcycle accident, they should consult a motorcycle accident lawyer as soon as possible to avoid the loss of crucial evidence that may be critical to their case.
An attorney understands that the only way to prove a Toledo motorcycle accident injury claim is through the presentation of evidence. Preserving evidence before it gets lost or destroyed can make or break a case. While certain documents or items may not seem important, an attorney may realize that they must be gathered and saved, and sometimes may require immediate legal action.
In some cases, it is important to have a motorcycle inspected before it is repaired or destroyed. In other cases, the attorney may want to preserve evidence from the vehicle that struck you. And witness statements must be gathered while memories are still fresh. The insurance industry, along with state and national chamber of commerce organizations, have done a great job of casting doubt on legitimately injured people and the lawyers who represent them.
While there certainly are unethical lawyers and people who make fake claims, the vast majority of claimants and attorneys seek only fair compensation for the injury suffered. You should not feel guilty for pursuing a legitimate claim for injuries caused by someone else.
When you seek a settlement from an insurance company, you are just trying to be made whole for the medical bills you have incurred and the pain you have endured. Please understand that delaying hiring a lawyer could destroy your motorcycle injury case.
Charles E. Boyk Law Offices, LLC