If you’re facing injuries from a motorcycle accident, you may be wondering what happens next. You may be entitled to compensation for the damages you suffered. But it can be difficult to know what to expect or where to start. In any injury accident, the first thing you should do is seek medical attention. The next step to take is calling a personal injury attorney.
Statute of Limitations for Personal Injury in Virginia
The term “statute of limitations” refers to a law that limits the amount of time you have to file a lawsuit. The amount of time allotted depends on the particular type of claim. The statute of limitations for a personal injury claim in Virginia is two years. You must file your claim within this time limit. If you do not, the Court will not allow you to pursue damages. Filing a personal injury lawsuit takes time. You should contact an attorney as soon as possible after a motorcycle accident.
Understanding the Extent of Your Injuries
An important aspect of the motorcycle accident claims process is calculating damages. You base the damages on losses you have suffered. To accurately determine damages, you must have a full understanding of the scope and severity of your injuries. When determining damages, you will want to include expected future damages. These include ongoing medical expenses or wages lost from a forced early retirement. Receiving a reliable medical prognosis after your motorcycle accident could take several months. This is even more likely if you are recovering from surgery.
When making a personal injury claim after a motorcycle accident, you must prove that the other party was responsible. You must also prove that you suffered the damages requiring compensation. One way you can establish proof is through police traffic accident reports. You can also use photographs of the accident, witness statements, detailed medical records, and testimony from a medical expert.
Law requires all parties to share any information or evidence they intend to use to support their claim. Discovery is the process of gathering evidence during a personal injury lawsuit.
Negotiating a Settlement
Settlement negotiation is an important part of the motorcycle accident claim process. Once you calculate damages, your attorney will send a demand letter to the defense. Back and forth negotiations may go on for some time. The parties may decide to attend mediation to reach an agreeable settlement. About 95% of all personal injury claims settle out of court. However, if parties do not reach an agreement, your motorcycle injury claim will go to trial.
Litigating a Motorcycle Accident Claim
When a motorcycle accident claim goes to trial, a judge or jury will decide the extent to which the defendant is liable for your injuries. Then, they will award damages based on this determination. In some cases, the defendant’s actions were particularly egregious. In these instances, the judge or jury may award punitive damages up to $350,000.
Get Legal Help for Your Virginia Motorycle Accident Claim Today.
If you have been injured in a motorcycle accident, reach out to an experienced personal injury attorney right away. The dedicated personal injury attorneys at Leavitt & Martin PLLC will fight for you and get you the compensation you deserve. Contact the Leavitt & Martin team today.