Statute of Limitations in Houston Motorcycle Accidents

When a motorcyclist is injured due to another driver’s negligence, they can seek compensation for the costs and impacts of their injury. This is done by filing a personal injury claim against the at-fault motorist’s auto liability insurance coverage.

However, a time limit for filing a claim can prevent the injured party from receiving needed compensation. Our experienced lawyers understand the importance of adhering to the statute of limitations in Houston motorcycle accidents to ensure a successful claim. Get in touch today to speak with a skilled biking collision attorney at Schechter Shaffer & Harris.

Understand the Statute of Limitations and Its Purpose in Personal Injury Claims

In most motorcycle accident cases in Houston, an injured rider or passenger has two years from the date of the accident to file their claim as a legal complaint (lawsuit) in court.

The claim is initially filed with the at-fault party’s insurance provider, who can either accept it as submitted, deny it, or offer to settle the claim for less than its stated value. If the matter is not resolved, then the lawsuit is filed. However, once it is filed, negotiations can continue as both sides prepare for trial.

The case must not be resolved within two years but must be filed during that time. In rare cases, the time limit may be extended, such as when the injured party is a minor and unable to file a legal claim or if they are mentally unable to participate in the claims process.

One of the main reasons for a statute of limitations on personal injury claims is to ensure that the evidence presented in court is fresh. Over time, evidence can be destroyed, and witnesses may forget details. The statute of limitations also avoids defendants living under the indefinite threat of legal action and encourages insurance providers to resolve claims promptly. A well-versed legal professional could explain the legal process in more detail during an initial meeting.

The Importance of Meeting The Motorcycle Accident Claim Deadline

If the Houston statute of limitations expires and a lawsuit has not been filed for a motorcycle crash, the claimant will almost always lose the right to seek compensation through the court process.

Additionally, once this time limit has expired, the at-fault party’s insurance provider is no longer responsible for resolving the claim. Because of this, claimants can be left to pay for their expenses out of pocket, including medical bills, damage to their motorcycle, and lost wages.

Learn More About the Statute of Limitations in Houston Motorcycle Accidents

With more than 100 years of combined trial experience, the legal team at Schechter, Shaffer & Harris understands the importance of meeting the state’s personal injury statute of limitations.

We develop a strategy for handling the unique aspects of our client’s claims to ensure all court filing components are completed by this deadline, such as preparing and filing the petition in court along with the filing fee and serving the defendant.

We could provide a free case evaluation when you have been injured in a motorcycle wreck. During this evaluation, you can learn more about the statute of limitations in Houston motorcycle accidents, your legal options, and the services we offer to assist you with your claim. Contact our law office today to discuss your case with a seasoned personal injury attorney.