When you should call a motorcycle accident lawyer depends greatly on the type and severity of the injuries you suffered, but the short answer is “as soon as possible.”
In general, your lawyer cannot file a claim or lawsuit or formally begin the process of seeking compensation for your losses until they have a firm understanding of your prognosis, the lasting effects of the accident, and your future care needs. However, they can go to work on building a case to support your financial recovery as soon as they learn about your collision.
If you or an immediate family member suffered injuries in a motorcycle crash, reach out to an attorney about your case today. Most motorcycle accident lawyers offer free consultations, allowing you to learn more about your legal case, the process, and the services they provide.
Developing a Strong Case Against a Careless Driver Takes Time
A motorcycle accident lawyer will need time to develop a solid case, which involves gathering evidence and working with experts whose testimony can help to support it. You will need a strong case to show the insurance company or the judge and jury that:
- The other motorist owed you a duty of care on the road.
- The motorist breached that duty by acting carelessly.
- They caused your motorcycle accident and injuries.
- You suffered significant injuries and losses due to the accident.
While the law firm who represents you may go to work immediately to investigate your case, this process can take several months or longer. Your attorney may work closely with accident reconstruction specialists, medical experts, economists, and others. They will also interview eyewitnesses, obtain documents, analyze medical records, and take other steps to ensure your motorcycle collision case is as strong as it can be.
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Legal Deadlines Apply to Accident Cases
While there are no strict rules for when you should call a motorcycle accident lawyer to make them aware of your case, there are deadlines that limit how long you can wait to file. Under S.C. Ann. § 15-3-530, your lawyer generally has three years from the date your collision occurred to file a lawsuit against the driver who hit you.
Most of these cases settle out of court, so this step may be unnecessary. However, it is important that you do not miss this deadline because you did not speak with a lawyer soon enough. Missing the deadline could prevent you from holding the at-fault motorist responsible for their carelessness and collecting compensation.
Evidence May Disappear if Your Attorney Does Not Act Quickly
Some evidence in a motorcycle collision case is available any time your attorney wants to obtain it. This is true of your medical records, the law enforcement report about the collision, and other documents. However, not all evidence is this accessible or lasts a long time. In fact, much of the evidence in a motorcycle accident case is lost when the vehicles leave the scene.
This is one reason why it is essential to contact an attorney about your motorcycle accident as soon as you can. They can go to work identifying evidence and preserving it, whether that means canvassing for witnesses and collecting statements, looking for surveillance video of the collision from local merchants, or surveying the scene.
Seeking Compensation for Your Motorcycle Accident Injuries
Your motorcycle accident lawyer will take steps to hold the negligent driver accountable for their role in your collision and seek financial compensation on your behalf. When another driver acts carelessly and causes an accident, they are legally liable for the losses the accident victims suffer under South Carolina law.
This may allow your attorney to recover compensation for damages such as:
- Your medical costs, lost income, and out-of-pocket expenses
- Repair or replacement of your motorcycle
- Your future expenses and losses, such as ongoing medical care
- Pain and suffering and other non-economic damages
Unfortunately, motorcycle accidents often lead to severe or even catastrophic injuries. If a family member passed away following a collision, S.C. Ann. § 15-51-10 may permit you to recover wrongful death damages. Your attorney can discuss these damages with you and explain which family members are eligible.
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We know this is a stressful time and that you need to focus on your treatment, rehabilitation, and healing. Our team will take care of your claim or lawsuit, so you do not need to worry about it. We will represent you at no upfront cost, ensuring you get the kind, compassionate support and legal representation you need at a price you can afford.
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