How Long Do I Have to File a Lawsuit After a Motorcycle Accident?

If you were hurt or lost a loved one in a motorcycle accident, you generally only have two years to file a personal injury or wrongful death lawsuit in Florida. We strongly recommend consulting a personal injury law firm as soon as possible after a motorcycle accident to learn about your legal options.

A Fort Lauderdale motorcycle accident lawyer from our firm can help you meet the statute of limitations in your case, so you retain the option of recovering the financial compensation you deserve through the legal process.

What Is the Statute of Limitations for Motorcycle Accident Lawsuits?

The deadline to file a personal injury or wrongful death lawsuit is called the statute of limitations. Every state has a statute of limitations that restricts you from taking legal action after the deadline in your case expires.

Depending on your state, the deadline to file a lawsuit ranges from one to six years and generally starts on the accident date or date of death. The sooner you hire a motorcycle accident attorney, the more time you have to meet the deadline in your case.

How Long Do You Have to File a Lawsuit After a Motorcycle Accident In Florida?

According to Florida Statutes § 95.11, you only have two years starting from the accident date to file a personal injury or wrongful death lawsuit to recover damages from the negligent party. 

For example, if you were in a motorcycle accident on September 20, 2023, the statute of limitations in your case likely expires on September 20, 2025. A Fort Lauderdale personal injury lawyer with experience handling motorcycle accident cases can help you meet the deadline in your case.

What Happens If The Deadline In Your Motorcycle Accident Case Expires Without Filing a Lawsuit?

If you don’t file a personal injury or wrongful death lawsuit before the deadline in your case expires, you risk losing the right to recover compensation through the legal process. In some situations, you could qualify for an extension of the deadline, but if you don’t, the other party and their insurance provider could file a motion to dismiss.

If the court grants the motion, which is likely, you will lose your opportunity to hold the negligent party accountable for your injuries and financial losses. Don’t let the negligent party’s insurance company run the clock out. A motorcycle accident lawyer from our firm will work to meet the statute of limitations in your case so you can get justice.

What Situations Qualify for an Extension in the Motorcycle Accident Statute Of Limitations?

Several legitimate reasons may qualify for an extension of the statute of limitations in Florida, such as:

• Incapacitation: If the accident left you with severe head trauma, in a coma, or in the hospital for a long period, your lawyer may be able to request an extension of the deadline in your case. 
• Minor: If you were hurt in a motorcycle accident at age 16, you likely have until age 20 to file a lawsuit because the statute of limitations clock does not start running until you reach the age of majority (18).
• Discovery rule: You may have suffered an injury from a motorcycle accident that did not present until later. If this injury was not immediately apparent and is attributable to the accident, the statute of limitations could begin running on the date of discovery instead of the accident date.
• Fraud: If the negligent party or their insurance provider conceals information or lies about the accident, the statute of limitations could begin from the time you discovered the fraudulent behavior. 

Obtaining an extension of the statute of limitations in Florida can be challenging unless you have strong evidence. Your personal injury attorney will file a motion to extend the deadline in your case if we believe you have a valid reason to do so. We will fight to ensure you have time to file a lawsuit to recover damages.

What Is the Deadline to File a Motorcycle Accident Insurance Claim?

The deadline to file an insurance claim after a motorcycle accident in Florida depends on your insurance provider and the specific language of your policy. Your lawyer can study your policy to determine your options. 

Personal Injury Protection (PIP) insurance generally covers up to 80 percent of your medical expenses (up to $10,000) regardless of who is at fault for the accident, according to the Florida Department of Highway Safety and Motor Vehicles.To file a PIP claim, you must seek medical care within 14 days of the accident, per Florida Statutes § 627.736.

How Can a Motorcycle Accident Lawyer Help You?

You can pursue a personal injury or wrongful death lawsuit without legal representation, but an attorney understands how the legal and insurance processes work. If you choose to obtain our legal services, we can help you by:

• Investigating the accident
• Collecting evidence to support your claim
• Identifying the at-fault party
• Talking to the insurance company on your behalf
• Helping you file a claim
• Working on a contingency fee basis, so you pay nothing unless we win your case
• Taking your case to trial and representing you in court, if needed

We can help you seek fair compensation to cover economic and non-economic damages, including:

• Medical bills
• Lost income
• Motorcycle repair or replacement
• Transportation
• Child care
• Rehabilitation
• Pain and suffering
• Emotional distress
• Mental anguish
• Loss of enjoyment of life

If you lost a loved one in a fatal motorcycle accident, a Fort Lauderdale wrongful death lawyer can help you seek compensation for funeral expenses, loss of household income, loss of companionship, and other wrongful death damages.

Learn More About Filing a Lawsuit After a Motorcycle Accident

You do not have to seek compensation and justice after a motorcycle accident alone. A motorcycle accident lawyer from Chalik & Chalik Injury Lawyers can handle your case, so you can focus on healing. We take the statute of limitations seriously in every motorcycle accident claim, and we will work to meet the deadline in yours.

Don’t wait to hold the negligent party accountable. To learn more about the statute of limitations in your case or schedule a free initial consultation, contact us today.