The Statute of Limitations in Motorcycle Accident Cases: Time Matters By William Chanfrau, Jr. on May 10, 2023

Motorcycle accidentMotorcycle accidents frequently result in catastrophic injuries and life-altering financial damages. When another person or party is responsible for a motorcycle crash, they should be held accountable for related losses.

The motorcycle accident lawyers at Chanfrau & Chanfrau work with injury victims in the Daytona Beach, FL, and Palm Coast, FL, area to pursue compensation for damages. A knowledgeable lawyer can be invaluable in getting accident victims the financial compensation they are due. However, individuals must act quickly. There is a statute of limitations to consider. Here, we discuss the statute of limitations for motorcycle accident cases and why time matters when claiming injury losses.

What Is Florida’s Statute of Limitations for Motorcycle Accident Cases?

The statute of limitations is the amount of time a person has to file a claim in court. Each case dictates its own statute of limitations, and limits vary based on the type of claim filed. In Florida, a motorcycle accident case falls under a personal injury claim. The statute of limitations for a personal injury case in Florida is four years. This means a motorcycle accident victim has four years from the date of the motorcycle accident to file a claim in court.

We should note that the statute of limitations for a motorcycle accident case is different when the accident results in death. If motorcycle injuries are fatal and surviving family members file a claim, it becomes a wrongful death case. Florida’s statute of limitations for a wrongful death claim is two years, which begins on the day of the deceased’s death.

Why Time Matters: Losing Your Right to Compensation

The court strictly upholds statutes of limitations. Except in very rare situations where exceptions are granted, missing a statute of limitations deadline means forfeiting your right to financial compensation. If a motorcycle accident victim files a claim even one day past the statute of limitations, the case will be dismissed and no damages will be awarded, regardless of accident liability.

Why Time Matters: Gathering Evidence

The statute of limitations is a vital consideration when filing a motorcycle accident claim, but there are other reasons that time matters following a crash. Evidence is necessary to demonstrate neglect and establish liability for a collision. It is always easiest to gather evidence immediately after a crash or as soon as possible following the accident. When accident victims act quickly, our Daytona Beach lawyers can get investigators to the crash scene to collect evidence promptly.

Why Time Matters: Building a Strong Case

Four years sounds like a long time to file a motorcycle accident claim, but it takes time to build a strong case. The faster an accident victim contacts a lawyer following a crash, the longer they have to collect evidence, conduct witness interviews, and establish liability and injury losses.

Contact Our Practice

If you have been injured in a motorcycle accident and are considering a personal injury claim, the time to act is now. Send a message to the team at Chanfrau & Chanfrau or call (386) 258-7313 to schedule a consultation at your earliest convenience. Our lawyers are ready to review your case and advise you on your best course of legal action.

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Attorneys at Chanfrau & Chanfrau

Chanfrau & Chanfrau

Chanfrau & Chanfrau has been serving Floridians in Daytona Beach and the surrounding areas since 1976. With three attorneys and two locations, we have the resources to help you after an accident or injury. We are proud of our many achievements, including inclusion in:

  • America's Top 100 Attorneys
  • The National Trial Attorneys Top 100 List
  • Florida Trend's Florida Legal Elite

For more information about our legal services, contact our firm online or call (386) 258-7313 today.

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