From the moment you are injured in a motorcycle accident, the clock starts running on how long you have to file a claim. In Ohio, the Statute of Limitations for a motorcycle accident claim is generally 2 years. If you fail to file suit within that time frame, the defendant (the person you’re trying to sue) will almost certainly file a “motion to dismiss”, and the Court will reject your case on statutory grounds.
Even if you are horribly injured by a person who was clearly in the wrong; after two years, they can no longer be held responsible through a motorcycle accident claim.
With a few exceptions:
- In cases where the victim was under 18 years old or ‘of unsound mind’, the time limit in which they can file a motorcycle accident claim is lifted. The two year time limit starts again, however, once the injured party reaches 18 years old, or is deemed to be sane and responsible.
- If the defendant “departs from the state” or absconds, or conceals” him or herself within the state of Ohio, the time limit in which to file a motorcycle accident claim does not start again until the person can be located. In other words, if the defendant skips town for a couple of years to avoid taking responsibility for their actions, you have 2 years from the date of their return in which to file a lawsuit.
- If your Ohio motorcycle accident claim stems from injuries caused by a defective product, a special filing timeline may apply to your case, especially if consumer fraud or a product warranty is involved.
Motorcycle accidents are usually very serious. Due to the lack of protection around a motorcycle rider, accidents can be life-changing. If the victim was lucky enough to survive someone else’s mistake on the road, the injuries, pain, loss of livelihood, potential surgeries and rehabilitation can have ripple-effects throughout their entire life.
After a motorcycle accident, it is extremely important to get an experienced, aggressive attorney fighting in your corner. Auto Insurance companies will try to persuade you to settle for a much lower amount than your case is worth – 100% of the time. Their responsibility is to share holders, not to make sure that you receive the medical care and support you need.
At Cowan & Hilgeman, we have successfully handled countless motorcycle accident claims, including cases that other law firms have rejected. To schedule your FREE consultation with our Dayton Personal Injury Attorney, call (937) 222-2030.