There are two ways to file a motorcycle accident lawsuit and, hopefully, get compensation the injuries you have suffered. First, if the biker survives, he/she may file a negligence action against the at-fault party for causing the accident. Second, if the biker dies, his/her family may file a wrongful death lawsuit to seek damages under your state’s wrongful death statute.
In order for a lawsuit to be successful, a plaintiff must demonstrate that the defendant was responsible for (or negligent in causing) the accident, and that the injuries and other damages sustained were proximately caused by the accident. The case must be filed within the time limits prescribed by your state’s statute of limitations. If the SOL (statute of limitations) runs out before your sue, you are SOL (shi…out of luck); you lose the right to sue. Most states have specific laws in place that apply to motorcycle accidents; they vary depending on the circumstances. The wisest course is to speak to an experienced personal injury attorney about your rights following any kind of accident.
Contrary to what the tort reform crowd says about litigation, most personal injury litigation is filed as the result of serious injuries caused by someone who was seriously negligent. Litigants sue to recover substantial medical bills, loss of earning potential/income, permanent or partial disability, property damage and physical and psychological pain and suffering. There may also be punitive damages if the accident was the result of someone’s gross negligence. Again, this is something that you should discuss with your attorney.
If you are having serious financial problems following an accident and injury, discussions with your attorney may lead to the conclusion that you need to consider lawsuit funding while your lawsuit winds its way through the long and difficult legal process. This may be the right choice if you are disabled from work, have no other way to pay your bills, little or no savings, and important assets to protect, like a house or a car. If you don’t get your financial house in order, you may find yourself settling your valuable case for pennies on the dollar. A lawsuit cash advance may be the solution.
Litigation funding is not for everyone; consider your alternatives, all of them must be repaid regardless of the outcome of your case. Legal finance is non-recourse funding; this means you only pay when you win your case and repay nothing if you lose your case. Lawsuit funding provides you the means to wait for a just verdict and not knuckle under to pressure from an insurance company to take a lower than full value offer of settlement because you are desperate for money. It is certainly something to think about.