The statute of limitations for a motorcycle accident lawsuit in Maryland is usually three years. However, there are certain exceptions to this law. For example, fraudulent concealment, bringing a case against the government, or the involvement of a minor or a legally disabled individual may shorten or extend the timeframe for suing the at-fault party.
Sometimes, it’s difficult to identify the specific deadline for your case. A Maryland motorcycle accident lawyer with our personal injury law firm can review your case’s details and help you take legal action before the statute of limitations expires.
A Brief Overview of the Motorcycle Accident Statute of Limitations
The statute of limitations is a law that determines the maximum amount of time someone has to initiate legal action against another party in a civil lawsuit. The purpose of this legislation is to protect both entities throughout the legal process.
It encourages claimants to build their cases within an appropriate timeframe. Additionally, evidence may get lost, or witnesses might forget the series of events that led to the crash as time passes.
The timeframe for the personal injury statute of limitations usually begins running on the accident date. In the case of a fatal motorcycle crash, it usually starts on the decedent’s death date.
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The Statute of Limitations for Motorcycle Accident Lawsuits in Maryland
The statute of limitations for your motorcycle accident lawsuit in Maryland will depend on your personal injury claim’s unique circumstances. The most common deadlines injury claimants must follow are below:
- Personal injury: Per Md. Cts. & Jud. Proc. Code § 5-101, you typically have three years from the accident date to file a lawsuit.
- Wrongful death: According to Md. Cts. & Jud. Proc. Code § 3-904, you generally have three years from the day the decedent passed away.
- Notice of claim: If a government agency’s negligence caused the crash, Md. St. Gov. Code § 12-202 states that you have one year from the accident date to file a notice of claim.
Some exceptions to these deadlines may include:
- Date of discovery: If you did not discover an injury (such as an internal injury or mental injury like post-traumatic stress disorder) until several days or weeks after the accident, the statute of limitations might begin on the date of discovery.
- Fraudulent concealment: The responsible party may attempt to misrepresent what happened. This action might grant you an exception.
- Minors: If a minor is injured in a motorcycle accident, the statute of limitations generally does not start running until they turn 18. Therefore, underage victims generally have until their 21st birthday to take legal action against the liable party.
- Legally disabled individuals: The statute of limitations might be paused if the injured person is mentally incompetent.
One of our Maryland motorcycle accident attorneys can study your case’s facts and determine which time frame applies to your case.
What Happens if You Try to File Your Motorcycle Accident Lawsuit After the Deadline Passes?
The sooner you start working on your case, the better. The court may bar you from seeking financial compensation if you don’t file your personal injury lawsuit before the deadline expires. The liable party may be off the hook for covering your damages, as you would no longer have the ability to sue them.
If given enough notice, a Maryland personal injury lawyer can assist you with meeting the statute of limitations.
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The Types of Damages You Can Recover in a Motorcycle Accident Lawsuit
In general, the worse your injuries are, the higher your potential financial award. No two cases are the same, so the damages you can recover will be specific to your situation. However, motorcycle accident victims can generally seek fair compensation for these economic and non-economic damages:
- Medical bills: You could have required emergency transportation, imaging scans, medications, physical therapy, or surgery to treat your injuries. All medical expenses are generally recoverable in a personal injury lawsuit.
- Past and future lost income: If you must miss work while you recover from your injuries, your lost wages and benefits are generally recoverable.
- Pain and suffering: You might have suffered from biker’s arm, a traumatic brain injury, a spinal cord injury, road rash, chest injuries, or broken bones that cause you severe pain.
- Mental anguish: Motorcyclists involved in accidents can experience significant repercussions to their mental health, including depression, anxiety, or PTSD.
Sadly, many motorcycle accidents result in fatalities. If you lost a loved one in a motorcycle crash, a Maryland wrongful death lawyer can help your family during this difficult time. They will identify which damages you’re entitled to recoup and seek them while you mourn your tragic loss.
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What Happens When You Hire a Motorcycle Accident Attorney in Maryland?
When you hire us, our personal injury attorneys at Adam Smallow Injury Lawyers will work hard to file your lawsuit before the three-year statute of limitations expires. We can also perform many other tasks for you, including:
- Ordering a copy of the police report
- Gathering evidence and assembling a comprehensive case file
- Identifying the negligent party
- Negotiating for a fair settlement with the liable party’s insurance company
- Communicating with all involved parties on your behalf
- Keeping you updated on your case’s progress
- Answering your questions via email, text, or phone call
- Bringing your case before a judge if we cannot settle out of court
You don’t need to worry about paying us upfront when you hire our law firm. Our attorneys operate on a contingency-fee basis. There is no need for any retainer, hourly, or upfront payments. You will only pay us for our help if we win your case.
Our Lawyers Can Help You Meet the Statute of Limitations on Your Motorcycle Accident Lawsuit in Maryland
Our personal injury law firm can help you comply with the statute of limitations on your motorcycle accident lawsuit in Maryland. During our 10+ years of experience, we have learned how to work under tight time constraints and secure favorable outcomes for our clients. We can also connect you with a trusted team of medical providers throughout the state.
Contact Adam Smallow today for a free case review at no obligation. We will fight to procure the financial outcome you and your family deserve.
Call or text (410)777-8960 or complete a Free Case Evaluation form