Motorcycle Accident Lawsuits
Filing a Motorcycle Accident Injury Claim
If you wish to file a motorcycle accident injury claim, here are a few things to keep in mind:
- Contact an experienced attorney you can trust to timely file your claim within the applicable statute of limitations. The statute of limitation differs depending on the subject matter of your case. At York Law Firm, our attorneys can protect your legal rights and ensure that your claim is timely filed with the applicable statute of limitations.
- Find an experience motorcycle accident attorney whom you trust to handle your case. Wendy York and her team of experienced legal professionals are known for their skill in presenting the strongest cases possible on behalf of their clients. York Law Firm is dedicated to helping spinal cord injury victims obtain the compensation they deserve.
Who is liable in a motorcycle accident injury case?
In order to succeed in a motorcycle accident case, you must prove liability by way of negligence, strict liability or intentional wrong.
Negligence. A party is negligent if she failed to act as a reasonable person would have acted under the same or similar circumstances. For example, if a motorist runs a red light and crashes into a motorcyclist, she would be found negligent for failing to act as a law-abiding citizen would under those circumstances – by stopping at the red light.
Strict liability. Strict liability is the theory that a person, company or manufacturer is liable even though there is no “fault” on their part. It applies most frequently in product liability cases, or cases in which one has suffered injury due to an unsafe or defective product. Under this legal theory, manufacturers can be held liable for any injury resulting from their product regardless of their awareness of the defect.
Intentional wrong. If the wrongdoer intentionally acted to inflict the injury on the plaintiff, such as in cases of assault, she will be found liable.
Legal Considerations in a Motorcycle Accident Case
Statute of Limitations. As with any lawsuit, motorcycle accident injury lawsuits must be filed within a certain period of time of the harmful wrongful conduct, a period known as the statute of limitations. Failure to bring suit within this period may bar your ability to bring suit completely. The statute of limitations, however, differs depending on the subject matter of the case. At York Law Firm, our attorneys can advise and protect your legal claim.
Recovering Damages in a Motorcycle Accident Case
The injured plaintiff can recover past and future medical expenses and non-economic damages (also referred to as pain and suffering – the harms, injuries and losses suffered). Punitive damages can also be awarded when the plaintiff can prove that the wrongdoer acted fraudulently, maliciously or recklessly.
Our experienced motorcycle accident attorneys can help you recover both medical costs and damages for your pain and suffering. Wendy C. York and her team of legal experts have successfully handled many motorcycle accident cases and can help you obtain the compensation you deserve.