How long you have to file a lawsuit after a motorcycle accident will depend on several factors. The most important factor is your location. In Louisiana, you likely have only one year to file your injury lawsuit, per CC §3492.
There are also other deadlines you may need to consider. An example of this would be if the vehicle that caused your accident was a government vehicle or driven by a government employee on the job. These cases have additional requirements and their own process for notifying the municipal, parish, or state agency and filing a lawsuit.
Many Motorcycle Accident Cases Do Not Require Lawsuits
Many motorcycle accident cases often settle without going to trial.
Instead, victims file an insurance claim and request a payout based on their current and future damages. An attorney presents evidence to support the claim to the insurer representing the at-fault driver, and they negotiate an agreement.
If this happens in your case, your legal team will help you understand what a fair agreement includes. You will always have the final say on accepting a settlement, but your attorney will offer advice.
Get Started as Soon as Possible to Build the Strongest Case
Even though you could have up to a year to sue the driver who hit you, there are many advantages to getting started much sooner. Your attorney will need to take many steps to build a case for you, and many of them are time-sensitive.
For example, eyewitness testimony may play a key role in establishing precisely what led to the collision. Your attorney will have to canvass for witnesses and then speak to them about the crash. Identifying and contacting them becomes more difficult as time passes, and they may forget important details, as well.
Wrongful Death Suits Also Have a One-year Time Limit
Under CC §2315.2, there is a one-year deadline for wrongful death lawsuits in Louisiana. Wrongful death actions, along with survival actions, allow the surviving family members of a deceased motorcycle accident victim to recover compensation.
This compensation includes both the damages recoverable in a personal injury case and the losses qualifying family members have. Depending on the situation, qualifying family members could include:
- A surviving spouse
- Minor children
- Adult children
- A parent or parents
- Siblings or grandparents, if there are no closer relatives
How an Attorney Will Help You With Your Motorcycle Collision Case
When a lawyer represents a motorcycle accident victim, they usually do so based on contingent fees. This means they will receive payment from the settlement or trial verdict they recover in your case. They may not accept your case if you are too close to the deadline for filing a lawsuit or taking other action, so it is important to get started as soon as your injuries allow.
It is OK if you are not sure of your prognosis or future treatment needs. Your lawyer can work with you as you learn more, or they may call in experts to establish these facts as a part of building your case. If they are successful in securing financial recovery through a settlement agreement or in court, you may recover compensation for damages that include:
- Current medical bills
- Future treatment costs
- Ongoing care and long-term support
- Lost income and diminished capacity to earn
- Property damages
- Other expenses
- Pain and suffering
Get a Free Case Review from the Attorneys at Laborde Earles Injury Lawyers
At Laborde Earles Injury Lawyers, we provide free case assessments and consultations to those injured by someone else’s careless driving or other negligent actions. We can answer your questions about this process and explain how our attorneys can help. We also believe it is crucial to hold those who cause these collisions accountable.
Call Laborde Earles Injury Lawyers now at (337) 777-7777 for your complimentary consultation.