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If you were recently involved in a motorcycle accident, you probably have many questions. How soon you should file a claim against the at-fault driver is only one of them. In the aftermath of the accident, a personal injury lawyer can help you make these difficult but important decisions. As your lawyer will explain, the sooner you file your claim, the better.
By getting started immediately, you ensure your lawyer has time to investigate your accident thoroughly. It means they can interview witnesses while their memories are fresh and collect evidence before it disappears. Acting quickly also ensures you can resolve your case before the statute of limitations in your state expires.
The Timing of Your Motorcycle Accident Insurance Claim Matters
A motorcycle accident can be costly in so many ways. It can lead to long and short-term medical care and related expenses. It can also leave you unable to work due to your injuries and recovery. That means that while significant expenses pile up, you cannot earn your usual income, creating a huge financial burden.
This combination can make a speedy settlement offer hard to resist. However, a settlement offer that comes too soon after an accident is typically flawed. It cannot account for the long-term costs of the accident and could potentially leave you with many uncovered expenses and losses.
Instead of giving in to the temptation, consider working with a motorcycle accident lawyer. They can explain how insurance companies approach liability claims and their typical settlement timeline.
Time Matters if Your Case Leads to a Lawsuit
Most motorcycle accident cases will not go to court. Instead, they will be resolved with an out-of-court insurance settlement. However, if your case does need to go to court, you must file your lawsuit within the statute of limitations. South Carolina’s deadline is just three years from the accident date, per S.C. Ann. §15-3-530.
If you do not file your lawsuit before the statute of limitations expires:
- You may not be permitted to file
- The court will likely dismiss your case without hearing it
If either of these happens, you will have no legal option to compel the at-fault driver to compensate you. The motorcycle accident lawyer who handles your case will ensure they file your lawsuit on time and remove the costly risks of non-compliance.
What Should I Do After I File a Motorcycle Accident Claim?
After you start the process of seeking damages, you can leave the details of your case to your motorcycle accident lawyer. In most cases, they will explain what to expect at each step of the journey. Your lawyer is likely to encourage you to:
- Follow your doctor’s recommended treatment protocol
- Be careful about what you post on your social media accounts
Your lawyer will do the hard work and the legwork of building your case. While your motorcycle accident attorney handles your financial recovery, you can concentrate on your physical and emotional recovery.
How a Personal Injury Lawyer Can Benefit Your Claim
After a motorcycle accident, the last thing you want is to be confused by the recovery process. When you let a personal injury lawyer represent you, they can do all of the following on your behalf:
- Take the confusion out of legal and insurance language and jargon
- Ensure your case meets all of your state’s legal guidelines and parameters
- Handle evidence collection, including locating and interviewing witnesses
The at-fault driver’s insurance company is not on your side. The personal injury lawyer you hire has your best interests at heart and will not stop fighting for the best possible outcome for you.
Recoverable Damages After a Motorcycle Accident
The financial impact of an accident starts at the accident scene. Your lawyer will work with you to create a detailed list of your economic and non-economic recoverable damages.
Economic damages typically include:
- Current and future medical bills
- Current and future loss of wages
- Treatment-related travel expenses
- Property damage or destruction
- Diminished property value
Non-economic damages typically include:
- Emotional distress
- Loss of enjoyment of life
- Mental anguish
- Pain and suffering
- Physical disability
- Physical disfigurement
Where applicable, your motorcycle wreck lawyer will also help your family seek wrongful death damages. If you lost a loved one in the accident, you could recover the cost of their funeral and burial. Your lawyer will explain additional damages you can seek and which family members qualify to file a wrongful death action.
Contact Our Motorcycle Accident Case Review Team Today
If you were injured in a motorcycle accident, it can be hard to know what to do next and when. You do not have to wait any specific amount of time to file a claim with the at-fault driver’s insurance company. You also do not have to wait to contact a personal injury law firm.
It is never too soon to file a claim against the at-fault driver. Contact our consultation team at Schiller & Hamilton to get started today.