Motorcycle Accident Victims Have a Limited Time to Sue In Most States
Albuquerque, NM (Law Firm Newswire) November 8, 2010 - “Unfortunately, motorcycle accidents have increased over the last five years, largely due to the fact that many people have given up their expensive cars to save money,” said Scott Atkinson, a New Mexico personal injury lawyer and wrongful death lawyer with the Atkinson Law Firm, Ltd. “Whether or not the riders are wearing helmets doesn’t seem to matter. What matters is that the increase in wrecks appears to be a result of inattentiveness and carelessness, usually on the part of other vehicles that don’t see the biker until it’s too late.”
At issue in cases such as a motorcycle wreck is not so much whether the biker was wearing a helmet, but if the individual is alive. Those who do make it out of a collision alive and are able to assist counsel with their cases usually find their resolutions are more successful. Their first-hand experience and demonstrable injuries usually help a jury to understand the ramifications of a motorcycle collision.
Even with devastating injuries, clients can assist legal counsel to put together a case by directing them to important medical records, police reports, eyewitnesses and other information needed to prepare a case. If a biker has been severely injured and unable to do much in the way of helping their lawyer, the lawyer virtually becomes the client in order to track down relevant and pertinent information.
“Typically speaking, the worse the accident, the higher the compensation; for the simple reason that someone who sustained life altering injuries will likely need care for the rest of their lives. What’s crucially important in any accident case, but perhaps more so in a car versus motorcycle crash, is the question of who is at fault. Fault and negligence go hand in hand. Once negligence is proven, fault is not far behind,” Atkinson said.
At trial, the goal in cases like this is to aim for the maximum compensation possible. There is often no other way for a critically injured victim to obtain funds to live out the rest of his or her life other than a court award or settlement. Motorcyclists who have been involved in a crash should not wait too long before seeking advice and considering filing a personal injury lawsuit.
“Most states have limits on the time a person can file a lawsuit, and if the person misses that limit – referred to as the statute of limitations – he or she loses the right to sue. This is not something an injured person would want to lose when his or her whole lifestyle is at stake,” Atkinson said.
“When an accident changes your life from something you once enjoyed; an active affair with millions of things to do, to the specter of living in a wheelchair or having limited mobility, it’s time to talk to an experience New Mexico personal injury lawyer. This is my job, to help those who have been hurt due to no fault of their own,” Atkinson said.
Atkinson Law Firm, LTD
9400 Holly Ave. NE, Bldg. 4
Albuquerque, New Mexico 87122
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