How Much Time Do I Have to File A Lawsuit After A Motorcycle Accident in Maryland?

When a motorcycle collides with a car, SUV or truck, the bike is likely to come out on the losing end. Motorcycle accidents, therefore, often result in serious injuries to the biker. Many people in Maryland believe that motorcyclists use the roads recklessly. However, many accidents are actually caused by the driver of the other vehicle. Motorists have a duty to display reasonable care on the road for the safety of all other road users. However, sometimes they break the law, and this can result in catastrophic injuries to motorcyclists including paralysis, brain damage, and loss of limbs. Sometimes, victims need lifelong support and they never live a normal life again. 

If someone else was responsible for your injuries, they should have to compensate you. Most motorcycle accident claims are settled out of court. However, your attorney may advise you to file a lawsuit, so the other side knows you’re serious. You can continue to negotiate out of court after filing a suit. In other cases, your attorney may advise you not to file a lawsuit until after negotiations have started. The important thing to note is that there is a time limit within which you have to take legal action.

The Statute of Limitations for Personal Injury Lawsuits in Maryland

This time limit is called the statute of limitations. In Maryland, it generally runs for three years from the date on which you were injured. If you don’t file your lawsuit for personal injuries and property damage before the time runs out, you lose the right to do so. These laws are in place to protect both the plaintiff and the defendant. It ensures that you act while evidence is still likely to be available. It also removes the possibility that a lawsuit will be hanging over someone else’s head indefinitely. 

There are some exceptions to the three-year statute of limitations, and it can be shorter or longer depending on the circumstances. For example, you may have to give notice of your intention to sue if the defendant is a local municipality, the state, government entity or the federal government. You may be allowed just a few months to submit details of your accident and your intended claim. Your Maryland motorcycle accident lawyer will notify you about any special rules that apply to your case.

Meanwhile, the time may be extended in some circumstances such as if you didn’t know about your injuries until later. If you were a minor when you got injured, you may also have more time to bring your case. Minors have until the day before their 21st birthday to file a lawsuit. 

You won’t want to test the limits of these exceptions if you can avoid it. Since building a strong case takes time, you shouldn’t put off contacting an attorney. The sooner you call a lawyer, the better it will be for you. They will evaluate the case and come up with a strategy for getting you the compensation you deserve. They will know when it’s time to stop negotiating and let the courts decide.

Trials are lengthy, costly, and unpredictable so the other side is unlikely to want to take the chance. However, insurance companies are more likely to take you seriously if there’s time to file a lawsuit. If the statute of limitations is almost up, you won’t have as much leverage.

Why It’s So Important That You Hire a Lawyer

When you file a claim against a driver, their insurance company will look for reasons to deny your claim. If they can’t do that, they’ll make you a quick cash offer and make it seem like that’s as much as you could possibly get. If you don’t have a lawyer, you may believe what they tell you. However, an experienced attorney will know the true value of your claim and they will advise you on how much you should reasonably expect. They will negotiate on your behalf and push for a fair settlement. Since motorcyclists are likely to have extensive injuries, you need to make sure you get as much as you need to cover your losses.

In a worst-case scenario, the insurance company may try to blame you for the accident. in Maryland, if they can show that you were even one percent at fault, you won’t be able to claim compensation. Your attorney will, therefore, have to show that not only was the other party responsible, but you had no role to play.

Contact Pinder Plotkin LLC Today to Discuss Your Case

If you or a loved one suffered serious injuries in a motorcycle crash, you need to seek legal representation. The Maryland motorcycle accident attorneys at Pinder Plotkin LLC will do everything possible to help you recover damages. Call us today to book a free consultation.


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