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Motorcycle accidents have been known to be some of the most traumatic and life-altering events that someone could experience on the road. The injuries that stem from motorcycle accidents alone are enough to completely reorient the way that an injured person operates during their day-to-day life.
If you or a loved one suffered an injury as a result of a motorcycle-related crash, you might be considering your options for legal and financial recovery. But fighting for your right to recovery without legal assistance could be overwhelming. A Bluffton motorcycle accident lawyer could provide the guidance and support you may be looking for. A knowledgeable personal injury attorney could review your circumstances, help you build your case, and help you seek compensation for your damages.
How To Seek Compensation For a Motorcycle Accident in Bluffton?
South Carolina is a fault insurance state. Under the fault approach to auto insurance, claimants have three options for seeking recovery. This includes seeking claim with their own insurance company, with the at-fault driver’s insurance, or against the at-fault driver directly.
First, claimants may seek an insurance claim with their own insurance carrier. This is normally the only option for citizens in no-fault states. However, they may only seek additional legal remedies if they meet a serious injury or monetary threshold. An insurance carrier often pursues a subrogation claim against the at-fault driver’s insurance policy to recover the cost of the claim.
Second, claimants may file an insurance claim with the at-fault driver’s insurance. And third, claimants may file a personal injury lawsuit against the at-fault driver. Unlike no-fault states, no serious injury or monetary threshold is necessary in order to file a case. A knowledgeable motorcycle crash lawyer in Bluffton could help prospective plaintiffs file the required litigation papers in pursuit of a lawsuit, as well as negotiate a settlement with the insurance companies or parties involved if applicable to the case.
What Types of Damages Can a Motorcyclist Recover?
Plaintiffs that are injured in motorcycle accidents might be seeking economic damages, or non-economic damages endured as a result of their injuries. Monetary losses such as medical expenses, out-of-pocket expenses, and lost wages, make up the majority of economic damages. Meanwhile, non-economic damages compensate plaintiffs for emotional losses such as pain and suffering. Judges and juries determine non-economic damages by looking at the severity of the plaintiff’s injuries.
The Statute of Limitations
Among the many obstacles that could prevent a plaintiff from seeking these damages, the statute of limitations has continued to preclude plaintiffs from recovering compensation for their injuries. It is important to consider the filing deadlines and to timely file the lawsuit, or risk losing the ability to sue altogether.
A statute of limitations is a legal deadline placed on every cause of action to ensure that those that file before the deadline are able to pursue compensation, and those that do not are barred from filing their case, forever. In the instance of motorcycle accidents, which fall under personal injury, a plaintiff has three years to file their case from the date of the accident, according to South Carolina Code §15-3-530. A motorcycle collision attorney in Bluffton could advise plaintiffs of the relevant deadlines for their case.
How a Bluffton Motorcycle Accident Lawyer Could Help
Some lucky few are able to walk away from a motorcycle accident without a scratch. But for the majority that does not, the process of recovery, rehabilitation, and restitution could be a long and difficult road.
A Bluffton motorcycle accident lawyer might be able to help guide you down that road. They could lead you down the path to recovery, helping you navigate through the complex legal procedures and processes that keep so many from moving forward with their legal recovery efforts. Call Schiller & Hamilton today to discuss your case.