While all traffic accidents can be scary, crashes involving motorcycles are often terrifying. In a crash, motorbikes offer few safety protections to their riders, resulting in devastating injuries that lead to costly medical bills, lost wages, and other expenses. Survivors of motorcycle accidents can seek compensation from at-fault drivers through insurance claims or civil lawsuits.
However, before suing, you will need to consider the laws and procedures specific to the jurisdiction where the crash occurred. Working with a knowledgeable motorcycle crash attorney from AW Smith could give you the advantage you need in an insurance negotiation or legal claim involving Columbia, MO out-of-state motorcycle accidents.
When filing a lawsuit, you must consider the legal time limitations. A court could bar your suit if your claim is filed outside of the statute of limitations, even if you have conclusive evidence that the at-fault driver was responsible for your motorbike accident.
Each state has a statute of limitations. In Missouri, the statute of limitations for bringing a claim after a motorcycle crash is generally five years. While this may seem like a long time, it is in your best interests to begin your claim as soon as possible so that no evidence is lost. The sooner you meet with a Columbia attorney who could help with your out-of-state motorbike collision, the better the chance you have of succeeding.
The types of compensation available to you after a motorcycle accident could include both economic and non-economic damages.
Medical expenses covering your past, current, and future medical costs, including hospital bills, ambulance fees, emergency room care, doctor appointments, surgery, post-surgical follow-up appointments, physical therapy, and rehabilitation expenses, may be available.
In addition, lost wages, including lost benefits, lost earning expenses, diminished earnings if you can no longer perform the same job duties, and future anticipated lost lifetime earnings if your injuries prohibit you from returning to work, could be accounted for in a claim.
Non-economic damages could include mental therapy expenses covering counseling for post-traumatic stress, anxiety, depression, mental anguish, or other post-crash mental health problems. Compensation may also be available to address pain and suffering, decreased enjoyment of life, loss of consortium, and more.
In the case of a fatal accident, surviving family members may be able to collect wrongful death benefits.
Although the same types of compensation are generally available in most states, there can be some differences. For example, in an out-of-state crash in Columbia, punitive damages could be awarded if the injured motorcyclist demonstrates that the at-fault party acted intentionally or with deliberate disregard for other people’s safety. These punitive damages, along with your non-economic damages, would not be capped unless your lawsuit is against a government entity. This is not the case in other states where a damages cap may apply.
To find out what types of compensation might be available, consult with an experienced attorney who is familiar with the local laws.
Motorcycle accidents can be overwhelming, regardless of where they occur. Different rules and laws could apply depending on the state in which you are filing suit. Consult with an attorney from AW Smith Law who is familiar with Columbia, MO out–of-state motorcycle accidents for the best chance of recovering the compensation you deserve. Contact our lawyers today and schedule a free consultation.
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