Motorcycle accidents are among the most devastating experiences you can go through. The aftermath of a motorcycle crash can be stressful and overwhelming for you and your loved ones. After being involved in a bike crash, it is natural to wonder whether you can file a claim against the liable parties. As with any other personal injury claim, you only have a limited time to make your filing with the court. Our Miami motorcycle accident attorney at Prosper Shaked Accident Injury Attorneys PA invite you to keep reading as we discuss whether you can sue for a motorcycle accident after six months in Florida.
Can I Wait Six Months to Sue for a Motorcycle Accident in Florida?
The first thing you should consider is that you don’t have an infinite amount of time to file a motorcycle accident claim. This rule applies to any accident, regardless of whether it is mild or severe. The statute of limitations governs the amount of time every claimant has to submit their lawsuit with the court.
Typically, personal injury law includes motorcycle accident claims. Many times – if not most of the time – motorcycle crashes happen due to the negligence of another driver. However, there may be instances where other negligent parties are at fault, such as a manufacturer or product designer. Through a personal injury claim, a motorcycle accident victim can gain the opportunity to fight for compensation. Whatever your case may be, it is critical to understand you only have a limited time to set your case in motion.
The amount of time you have to file your motorcycle accident claim in Florida will depend on the type of claim you file. For instance, if you are filing a motorcycle injury claim, you have up to four years from the moment of the accident to file your claim. If you are filing a wrongful death motorcycle accident claim, the statute of limitations gives you up to two years after the accident.
As we mentioned, there may be cases where the manufacturer or product designer’s negligence caused you harm. For instance, a failure in your bike’s motor or transmission could have been the primary cause of your crash. Under these circumstances, you may be able to hold the motorcycle manufacturer liable for any injuries, including a broken or crushed pelvis, whiplash, or traumatic brain injury.
As you can see, in most cases in FL, you have more than six months to file your claim against the liable parties. But, can you wait a year to file a motorcycle accident claim? Many individuals may think that, because they have years to file their claim, they can take their time. However, many of these cases are complicated and require significant time in order to prepare a robust case.
Exceptions to the Statute of Limitations After a Motorcycle Accident in Florida
The statutes of limitations are clear. Each type of claim has a legal timeline attached to it. If an injured individual fails to meet this deadline, the court may refuse to hear their case. In other words, you’d be left without a remedy. However, there may be exceptional circumstances where the court may grant an extension.
For example, there may be a situation in which the defendant flees the state after their crash. Under these circumstances, it would be difficult – if not impossible – for the plaintiff to serve the defendant with their claim. In these cases, the court may stop the statute of limitations “clock” until the pertinent authorities can find the defendant or until the defendant returns to the jurisdiction.
Furthermore, there may be situations where a plaintiff is too injured to file their claim. For instance, if the plaintiff has severe head trauma and is in a coma, the court may grant an extension. In these types of exceptional cases, the state may give the plaintiff up to seven years from the moment of their crash to file their motorcycle accident claim in FL.
Another reason to extend the statute of limitations in motorcycle accidents in Florida is a delayed discovery. Delayed discovery refers to cases where the victim doesn’t realize the full extent of his or her injuries until time has passed. For instance, while a traumatic brain injury may show symptoms right after an accident, other underlying conditions may take more time to manifest. In these cases, the court may be inclined to extend the time you have to file your claim.
How Much Compensation Can I Expect from My Florida Motorcycle Accident Claim?
Every motorcycle accident is different, and compensation changes from case to case. There are many variables tied to an accident that may play a significant part in the compensation you get. For instance, in determining the value of your case, the court will evaluate things such as your medical expenses, lost wages, and pain and suffering. Generally, the amount of compensation you can expect will depend on the extent of these elements. You may also get punitive damages. Punitive damages are compensation awarded in cases where the defendant’s actions were found to be particularly egregious.
It is essential to understand that the court will not grant you automatic compensation because of your motorcycle accident. As the plaintiff, you have the burden of showing the defendant’s negligence. This means you will need to show the existence of a legal duty, a breach of that duty, causation of harm, and damages. It is in your best interest to have a skilled Florida motorcycle accident attorney by your side at all times.
Miami Motorcycle Accident Attorney Offering Free Consultations in Florida
If you or a loved one was injured in a motorcycle accident in Florida, our personal injury lawyers can help. At Prosper Shaked Accident Injury Attorneys PA, we know the difficulties associated with a motorcycle accident, and we are prepared to hold the liable parties accountable for your injuries and losses. Please don’t wait another day; contact our offices today for a free, confidential consultation by calling (305) 694-2676.