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Do I have the right to file a lawsuit after an Illinois motorcycle accident?

Your attorney can advise you whether you are able to sue for an Illinois motorcycle accidentNot everyone who has been impacted by an Illinois motorcycle accident has the right to file a lawsuit. You may be unable to file a lawsuit, for example, if you were not directly involved in the crash but instead were a witness to it. You may be unable to file a lawsuit if your loved one was hurt but survived the crash. You may be unable to file a lawsuit if you were the sole cause of the crash.

However, If You’ve Been Hurt or Your Loved One Died in an Illinois Motorcycle Crash, Then You May Have Standing to Sue

Standing to sue is the legal phrase that means that you have a legal right to file a lawsuit. If you file a lawsuit and you do not have standing to sue, then you can expect the defense to seek to have the case is dismissed…and you can expect the court to grant that motion. Thus, it is important to know whether you have standing to sue after an Illinois bike accident.

Generally, you have standing to sue if:

  • You were hurt in the crash and you are age 18 or older; or
  • Your minor child was hurt in the accident; or
  • You are the court-appointed guardian for someone who was hurt in the crash; or
  • You are the personal representative of the estate, and the decedent died because of his motorcycle accident injuries.

If you have standing to sue for motorcycle accident injuries, it does not mean that you have to file a case on your own. Instead, you have the right to work with an experienced motorcycle accident lawyer who can tell you if you have standing, who can gather evidence in your case, and who can advocate for your full and fair recovery.

To learn more about how an Illinois motorcycle case works, please browse our related links and request a free copy of our report, The Ultimate Guide for Motorcycle Accident Victims.

Jason F. Abraham
Managing Partner, Hupy and Abraham