Motorcycle accidents can occur under a variety of circumstances. When a victim is involved in a motorcycle accident, they can suffer a serious injury that could make it difficult to return to work or that could leave them with expensive medical bills. That is why it is important to understand your rights when seeking compensation for a motorcycle crash. If you or a family member was injured in a motorcycle accident, you should consult with an experienced Miami motorcycle accident attorney. Prosper Shaked Accident Injury Attorneys PA understand how a motorcycle accident can affect a victim’s life, and we can help you seek the compensation you deserve. You should not be burdened with a severe injury and medical expenses due to the negligence of another. Personal injury lawyer Prosper Shaked is here to explain whether a person can sue for a motorcycle accident in Florida after a year has passed.
Suing One Year After a Motorcycle Crash in Florida
If you were severely injured in a motorcycle crash on the A1A or other dangerous road, it is likely that you sustained severe injuries that required weeks or months to recover from. It is understandable that a victim of a crash may find it difficult to pursue compensation while trying to heal from an injury. As a result, a victim could wait months or over a year to pursue compensation after an accident.
There is a possibility that waiting too long to file your motorcycle accident lawsuit could seriously impact your case. For example, if you seek a lawsuit after waiting over a year to file your case, this could result in the loss of important evidence. However, the statute of limitations is the primary reason that you should ensure that you promptly pursue a personal injury lawsuit for your injuries.
The statute of limitations dictates the length of time that a person has to file a lawsuit with a court of law. The filing deadlines provided by statutes of limitations laws depend on the type of lawsuit that a claimant needs to file. For example, a victim of medical malpractice may have more time to file a lawsuit than a victim of a car accident.
Will Filing Deadlines Prevent Me From Suing for a Florida Motorcycle Accident One Year Later?
Fortunately, the filing deadline for personal injury lawsuits in Florida is longer than one year. If you need to file a personal injury lawsuit after a motorcycle crash in Florida, you have four years to file your case with a court of law. If a plaintiff fails to file their case within four years, the court can bar their claim entirely. Specifically, the defendant moves to dismiss the case for violation of the statute of limitations. As a result, the court will dismiss the claim with prejudice, meaning the plaintiff cannot refile the case.
A case that has been dismissed with prejudice can be devastating for a victim. This would likely be the last resort the victim has to pursue compensation for their injury. As a result, a victim could be left with a loss of wages, endless medical bills, and many other expenses due to a motorcycle crash.
While they may seem unfair under certain circumstances, statutes of limitations laws were adopted to ensure that plaintiffs promptly pursue a lawsuit. Additionally, they also ensure that defendants do not have to defend against a case several years in the future.
It is important to note that if your loved one were killed in a motorcycle crash, a wrongful death lawsuit would also be subject to the statute of limitations. In Florida, the statute of limitations for a wrongful death lawsuit is two years from the date of the decedent’s death. As mentioned, if a plaintiff does not file their lawsuit within this timeframe, they will be unable to seek compensation for the loss of their loved one. It is also important to remember that only certain family members can seek compensation for the death of a family member.
To learn more about proving a personal injury lawsuit for a motorcycle crash, you should continue reading and speak with an experienced Miami personal injury attorney.
Proving a Personal Injury Lawsuit for a Motorcycle Crash in Florida
Personal injury lawsuits typically operate on a theory of negligence. This means that the victim in the case must show how the defendant acted negligently in order to be awarded damages for their losses. The following elements must be proven by a plaintiff in order to show that a defendant acted negligently:
- The defendant (negligent driver) owed the plaintiff a duty of care
- The defendant breached their duty of care to the plaintiff (e.g., speeding that led to a car crash)
- The plaintiff sustained an injury due to the defendant’s breach of duty
- The plaintiff suffered an injury that is compensable by a court of law
After proving all elements of a personal injury lawsuit, a plaintiff can be awarded damages for their injuries. Compensatory damages can include economic and noneconomic losses.
Work with Our Committed Florida Motorcycle Accident Lawyer Today
If you or a family member was a victim of a motorcycle crash in Florida, contact an experienced motorcycle accident lawyer as soon as possible. Personal injury lawyer Prosper Shaked possesses extensive experience litigating a variety of car accident cases, and he is ready to work with you. To schedule a free legal consultation to discuss your potential case, contact Prosper Shaked Accident Injury Attorneys PA at (305) 694-2676. You can also contact the firm online.