You know that you’ve been hurt, but as you recuperate in your hospital bed or at home you wonder if you can recover. The doctors will help you with your physical recovery, but that is only part of your full recovery. Your financial recovery is also important, and in order to get the compensation that you deserve for your motorcycle accident injuries you may need to file a personal injury case.
Learn More About How an Illinois Motorcycle Accident Case Works Before You File a Lawsuit
A formal lawsuit does not begin until a complaint is filed in court; however, it is important to begin preparing for a lawsuit as soon as the crash occurs and it is important to know your rights before filing your complaint in court. Accordingly, before you file anything you should know:
- How long you have to file a case. This is known as the statute of limitations. In Illinois, you generally have two years to file a case, but that time may be shortened or lengthened in certain circumstances.
- If you have the right to file a case. In order to file a lawsuit you must have standing to do so. You have standing if you were the one injured in the crash. You may also have standing if you are the parent of a minor or the guardian of someone hurt in the crash.
- What happens if you were partly at fault for the crash. If may be able to recover damages if you were less than 50 percent responsible for the motorcycle accident. Your damages may be reduced by the percentage of fault attributable to you.
- How to collect evidence. Evidence collection should begin at the scene of the crash. It may begin with pictures and getting contact information for all witnesses. Later, collecting evidence may include written interrogatories, depositions, and requests for production of documents.
- Whether you need expert witnesses. In some cases, expert witnesses are important to prove what happened and who caused the accident or to prove the extent and value of injuries.
- Whether you need an attorney. If you have been hurt in a motorcycle crash, then an attorney who has experience negotiating with insurance companies and fighting for the rights of injured victims can be very important to your fair recovery.
- How settlements work. Settlements require negotiation. Once a settlement is reached, it is binding and you will be unable to recover additional compensation for your accident injuries. Settlement negotiations may occur before or during a lawsuit.
Once you understand these seven elements of a motorcycle accident case, then you get started protecting your rights.
And You Don’t Have to Do It Alone
Our experienced motorcycle accident lawyers would be pleased to provide you with a free consultation and to help you if you’ve been hurt because of someone else’s negligence. Please contact us via this website today to learn more.