How Long Do I Have to File a Motorcycle Accident Claim in Fort Myers?

You have two years from the motorcycle accident date to file a personal injury claim. It’s in your best interest to file your claim early on so you and your lawyer have time to build a strong case. 

Our Fort Myers motorcycle accident lawyers at Viles & Beckman have over 40 years of combined legal experience. Read on to learn how long you have to file a motorcycle accident claim in Fort Myers and how our team can help you.

How Can a Motorcycle Accident Lawyer Help You File Your Motorcycle Accident Claim?

Dealing with insurance companies and pursuing a motorcycle accident claim can be a complicated process, especially after experiencing physical and emotional trauma. An experienced motorcycle accident attorney can provide essential assistance such as:

• Helping you meet claim filing deadlines: We will make sure your claim is submitted before the statute of limitations expires while your injuries are still developing.
• Proving liability and negligence: Through our investigation, we will gather evidence to demonstrate the at-fault party’s liability for the accident. We’ll also review common motorcycle laws that may apply to your case.
• Determining full damages: We will account for all of your medical costs, lost income, long-term effects, property damage, and quality of life impacts.
• Handling insurance negotiations: We know how to effectively communicate with adjusters and obtain a fair settlement for your injuries and losses.
• Pursuing litigation if needed: If settlement talks break down, we will take your case to trial using our legal experience.
• Reviewing all medical records and bills: We will validate that all of your expenses are addressed and future medical needs are covered.
• Providing representation at deposition and hearings: We will provide important legal guidance when insurance defense attorneys question you.

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What Damages Can You Recover After a Motorcycle Accident?

After you file your motorcycle accident claim, you and our team at Viles & Beckman will work toward recovering compensation. Some of the damages we can recover include:

• Medical expenses: This includes costs for initial treatment, surgery, hospitalization, rehabilitation, prescription medications, assistive devices, ongoing therapy, and future medical needs.
• Lost wages: If the injury prevents you from working or causes missed time at work, you can recover the money you would have made.
• Pain and suffering: Compensation for physical and emotional suffering caused by injury, recovery process, and lasting limitations.
• Disfigurement or scarring: Damages for permanent visible scarring or physical changes from the accident.
• Property damage: Replacement or repair costs for a totaled motorcycle, gear that was destroyed, or other personal belongings.
• Loss of enjoyment of life: Activities or hobbies that you can no longer fully participate in due to your injuries.
• Loss of consortium: Impact on social relationships and family duties if injury prevents prior level of involvement.
• Emotional distress: Trauma from the accident itself or ongoing mental health issues like PTSD.
• Disability and impairment: Impact on earning capacity or ability to work if injury causes permanent disability.
• Wrongful death: Recovery for survivors if the accident results in fatality, including funeral and burial costs.

What Factors Can Affect Your Time to File Your Motorcycle Accident Claim?

Even though Florida has a set statute of limitations, some details of your case could change how long you have to file a motorcycle accident claim in Fort Myers. These factors include:

Severity of Injuries

The severity of your injuries may impact the claims process. More serious injuries sometimes require extensive treatment and recovery time. It’s important to file your claim promptly to preserve your legal rights while continuing to gather evidence of ongoing medical costs and diagnoses.

Consulting with medical experts helps establish a clear understanding of your condition and long-term prognosis. A complete picture of impacts on health and lifestyle enhances the case for damages. However, filing the initial claim should not be delayed to obtain a final prognosis, as the statute of limitations will continue to run.

Thorough documentation of all current and anticipated future medical costs incurred from accident-related injuries strengthens the case for determining damages owed. Continuing to provide medical updates after a timely filed claim allows for capturing additional treatment needs as they arise. Rushing could risk missing vital information, but ensuring you file the claim within deadlines takes priority over waiting for a final recovery timetable. 

Degree of Negligence

The more clearly established the liable party’s negligence was in causing the accident, the less time you may have to file. Strong evidence like witness statements, citations issued, or admissions of fault could allow a claim to be pursued sooner.

However, complex cases with uncertain or contested liability may require additional investigation time. Gathering documents, reviewing evidence with an attorney, or having an accident reconstructed by experts will better illustrate what transpired. Additional time may be needed for insurers or courts to determine negligence levels when liability is disputed.

Number of Liable Parties

Accidents with multiple potentially liable parties may prolong the claims process due to increased complexity in coordinating claims, evidence, and fault establishment. It takes more time to obtain records documenting their policy details from several different insurers. 

These are needed to identify which parties bear full or partial responsibility properly. A motorcycle accident attorney can help determine priority targets based on confirmed liability.

Pursuing claims against multiple defendants also raises potential conflict of interest issues that require additional vetting. For example, one liable party may settle quickly but then try blaming others still in the case. More time is warranted to ensure proper coordination of all responsible entities.

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What Is the Purpose of the Statute of Limitations?

The statute of limitations serves an important function in personal injury lawsuits. It sets a time limit for filing a claim based on the date an injury or accident occurred. There are valid public policy reasons for these deadlines, such as:

• It encourages prompt resolution of claims: A statute of limitations motivates injured parties to pursue compensation in a timely manner rather than waiting indefinitely. This allows legal issues and liability to be addressed while memories and evidence are still fresh.
• It prevents unpredictable liabilities: Without expiration dates, individuals and companies could face lawsuits decades after an event took place. Over time, records may be lost, or witnesses’ memories fade, making it difficult to defend against stale claims.
• It protects defendants from delayed prosecution: A statute protects defendants from having to address allegations many years later when circumstances may have changed significantly. Witnesses may no longer be available, and entities could struggle to mount a proper defense.
• It promotes judicial efficiency: Courts benefit from timely claims while information is accessible. Very old cases clog an already busy judicial system and burden it with difficulties that arise from delays.

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Learn More About How Long Do You Have to File a Motorcycle Accident Claim in Fort Myers

At Viles & Beckman, we can help you know how long you have to file for your specific case. We can handle the legal process for you so you can heal from your injuries. 

Contact us to learn more about filing your motorcycle accident claim and how our team can help you.

Call or text (239) 334-3933 or complete a Free Case Evaluation form