What Is the Statute of Limitations in California for Motorcycle Accidents?
Every State has a law, known as a “statute of limitation,” which sets a time limit on an injured person’s right to file a lawsuit seeking compensation for their injuries. The deadlines vary depending on the type of case, but if an injured person does not file a lawsuit before the deadline expires, they will be forever barred from doing so. The statute of limitation for motorcycle accidents in California State is a pre-determined timeframe starting from when the accident occurred. This means that if you are a victim, you have a predetermined time, starting from the accident date, to sue the at-fault party. Most people injured in motorcycle accidents are not aware of these statutes and assume they have much longer to file a lawsuit. However, it is important to note that the predetermined deadline, as provided by the motorcycle accident lawyer at Salamati Law Firm in Los Angeles, CA can be extended in certain circumstances. Below are a few exceptions when it may be tolled, or extended:
Let’s say the injured party is a minor (under the age of 18). The statute can’t apply until they turn legal age. This means that if you were injured in a motorcycle accident as a minor, the statute will only start running after you turn 18, and you will have a preset limit of time from that date to file a lawsuit. Another scenario is if the victim was physically or mentally incapacitated for a period of time after the accident. This could happen if they were in a coma, for example. If that is the case, the statute will be put on hold, until the victim is no longer incapacitated.
It is important to keep in mind that these are only the general rules and that other factors could affect the statute of limitations in your case. For instance, if a government entity was the one at fault, the deadline to file a claim may be shorter. Thus, if you have been involved in a motorcycle crash, consulting with an attorney as soon as possible is crucial to ensure that your rights are protected.
Why and When to Use a Lawyer
No two motorcycle accidents are alike, and the same can be said of the injuries that result from them. Some people will be able to walk away with only minor cuts and bruises, while others may suffer life-altering injuries, such as traumatic brain injury or paralysis. The severity of your injuries will play a major role in how much your case is worth, and a motorcycle accident attorney is well versed in calculating the value of personal injury claims. In addition to calculating the value of your claim, an attorney can also help to navigate the complex legal process and ensure that your claim is filed in a timely manner.
It is important to be aware of the statutes of limitations in California for such accidents, which is a pre-determined time period from the date of the accident. This deadline can be extended in certain circumstances, such as if the victim is a minor or if they were physically or mentally incapacitated for a period of time after the accident. Consulting with an attorney as soon as possible after the accident is crucial to ensure that your rights are protected.
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