Motorcycle crashes often leave riders with serious injuries, expensive medical bills, and long recovery times. If you were injured in a collision in Lafayette, LA, you may have the right to take legal action against the person or company responsible. However, you only have a limited amount of time to act.
That legal deadline is called the statute of limitations, and missing it could cost you the ability to recover compensation. Knowing how this law works is critical to protecting your rights. Here’s what you need to know and how Kenny Habetz Injury Law can help you every step of the way.
If you’re ready to get started, contact us today at (337) 399-9000 to schedule a free initial consultation with a Lafayette motorcycle accident lawyer.
How Kenny Habetz Injury Law Can Help You Take Timely Legal Action After a Motorcycle Accident in Lafayette, LA
When you hire our award-winning motorcycle accident lawyers, we’ll take care of all the heavy lifting so you can focus on getting better.
Our legal team will:
- Investigate the crash and gather key evidence
- Identify all responsible parties
- Handle all communications with insurance adjusters
- Calculate the full value of your losses
- Make sure your case is filed before the statute of limitations expires
- Negotiate a settlement or take your case to trial if needed
When you’re recovering from a motorcycle wreck in Lafayette, Louisiana, you shouldn’t also have to figure out how to file a legal claim or deal with the insurance company. That’s where we come in.
At Kenny Habetz Injury Law, we’ve recovered millions for our clients and built a strong reputation for results in Lafayette and throughout Louisiana. Members of our legal team have been recognized by The National Trial Lawyers – Top 100, Expertise.com, and the Multi-Million Dollar Advocates Forum.
We’re here to protect your rights and fight for the compensation you need to rebuild your life. Contact us today to schedule a free consultation with a Lafayette personal injury attorney.
What Is the Statute of Limitations for Motorcycle Accidents in Louisiana?
In most motorcycle accident cases, Louisiana law gives you two years from the date of the crash to file a personal injury lawsuit in court. This rule is set out in Louisiana Civil Code § 3493.1, which applies to the vast majority of personal injury cases across the state. However, note that wrongful death cases are subject to a one-year time limit instead (as are a few other select types of cases).
These deadlines are strict. If you don’t file your lawsuit on time, the court can dismiss your case.
It’s important to understand that your case doesn’t need to be finished within two years (one year if you intend to file a wrongful death claim on behalf of a loved one), but a lawsuit must be properly filed in court before that deadline passes.
If you’re relying on insurance negotiations alone and haven’t filed a formal lawsuit, you could still lose your right to recover compensation. To beat the statute of limitations, you must either file a lawsuit in court or finalize your insurance settlement.
Are There Any Exceptions to the Deadline?
Louisiana’s statute of limitations is on the shorter side, and courts apply it strictly in most situations. However, limited exceptions may apply.
For example,
- If the crash victim is a minor, the two-year clock may not begin until they turn 18.
- If the defendant leaves the state, the deadline may be paused during that time.
- If injuries aren’t discovered right away, the court may extend the deadline under Louisiana’s discovery rule.
These exceptions are rare and often require legal argument to apply. The safest course of action is to assume the two-year deadline applies and speak with a lawyer right away.
What Damages Can I Recover in a Motorcycle Accident Case?
If your motorcycle accident was caused by someone else’s negligence, you may be entitled to pursue damages through a personal injury claim. Louisiana law allows injured riders to seek compensation for both financial losses and more personal, non-economic harm.
These economic and non-economic damages may include things like:
- Medical expenses for emergency care, surgery, rehab, and follow-up
- Lost wages if you missed time at work
- Loss of earning capacity if your injuries affect your future job prospects
- Property damage for your motorcycle and gear
- Pain and suffering from the physical impact of your injuries
- Emotional distress caused by trauma, anxiety, or depression
- Scarring or disfigurement
- Loss of enjoyment of life if your injuries prevent you from doing things you once enjoyed
At Kenny Habetz Injury Law, we’ll work closely with expert witnesses to build a full picture of your losses. From there, we will demand maximum compensation from the responsible parties.
Contact Our Lafayette Motorcycle Accident Lawyers for a Free Consultation
You have a limited amount of time to take legal action after a motorcycle crash. Although Louisiana’s statute of limitations gives you two years to file a lawsuit in most cases, it’s important to get started with your claim as soon as you can.
Kenny Habetz Injury Law has over a decade of experience helping injured motorcyclists recover the money they need to move forward. If you were hurt in Lafayette or a surrounding area, we’re here to help.
Contact our trusted Lafayette motorcycle accident attorneys today for a free consultation.
