How Do I File A Personal Injury Claim After A Motorcycle Accident?
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How do I file a personal injury claim after a motorcycle accident?
If you have been injured in a motorcycle accident, you may be entitled to financial compensation through a personal injury lawsuit.
Under the New Jersey statute of limitations for personal injury lawsuits, you have just two years to bring a claim. Generally, the clock starts to tick on the day of the accident, meaning you have two years from the accident date to file a claim.
If you are still within the statute of limitations, you can file a personal injury claim against the party or parties (defendants) you believe were responsible for causing your injuries. To successfully bring a case, you will need to establish that one or more defendants’ negligence caused your injuries. Negligence is defined as a breach of a duty of care the defendant owed to you. All drivers owe a duty of care to everyone else on the road, including motorcyclists. This duty includes the requirement that drivers follow all traffic laws and obey all traffic signals. For example, if a motorist failed to yield the right of way when making a left turn and hit you while you were riding your motorcycle through the intersection, that would likely be considered a breach.
Next, you will need to specifically state the damages you suffered in the accident. When you bring a personal injury claim, you can seek compensation for all of your economic and non-economic damages. You want to ensure that you do not overlook any category of damages. The following are among the most common types of damages in motorcycle accident cases:
• Past medical expenses;
• Future medical costs;
• Lost wages;
• Decrease in your ability to earn the wage you did before the accident;
• Pain and suffering;
• Disability;
• Disfigurement; and
• Loss of enjoyment of life.
Keep in mind that the defendant will likely contest at least some aspect of your claim. In most cases, the at-fault motorist’s insurance company will be the party defending the lawsuit because they will be on the hook for any damages you are awarded. This can make the process challenging, as insurance companies have specialized lawyers working against you to diminish your compensation claim.
Do not take on a personal injury lawsuit by yourself. Contact an experienced New Jersey Motorcycle Accident Lawyer from the Todd J. Leonard Law Firm for help. Our personal injury lawyers routinely negotiate with insurance companies on behalf of our clients to obtain maximum compensation for your injuries.
Other Motorcycle Accident FAQs:
- Do I Need to Have a New Jersey Motorcycle License to Ride My Bike?
- How Do I File A Personal Injury Claim After A Motorcycle Accident?
- How Is Fault Determined in a Motorcycle Accident?
- What Are The Most Common Motorcycle Injuries?
- What Causes Motorcycle Accidents?
- What Is UM/UIM Coverage and Do Motorcyclists Need It?
- What Kinds of Injuries are the Most Common in Motorcycle Accidents?
- What Should I Do After A Motorcycle Accident?
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Being injured or having a family member injured can have serious and lifelong consequences. We can try to ease the burden. Contact us today to learn more about how our team of experienced New Jersey accident attorneys can support you through these challenging times.