Filing A Personal Injury Lawsuit After A Motorcycle Accident

Automobile accidents are scary enough, but a motorcycle accident is a whole new level of frightening. According to the Wisconsin Department of Transportation, there were almost 2,250 motorcycle crashes in 2016. 82 motorcyclists died and 1,973 were injured as a result of these accidents. Drivers and passengers are far less protected on a motorcycle than they are in cars and trucks and that can lead to devastating injuries and a higher chance of death when they are involved in a motorcycle accident.

If the driver or passenger of a motorcycle is injured because of someone else’s actions, or negligence, he or she may be eligible for financial compensation. However, there are a few facts you’ll need to know if you are considering filing a motorcycle personal injury lawsuit.

Filing and Timing Requirements of a Personal Injury Lawsuit

The authority to bring forth or file a lawsuit is referred to as “standing”. When an injury is caused by another person, the injured party has standing to bring forth a personal injury lawsuit against the person who was responsible for the accident, but the injured person is not the only one who can bring a lawsuit. Other people who may have standing in the lawsuit are:

• Parents or Guardians. If the injured party is a minor (under 18 years of age), his/her parents or guardian can file the lawsuit on his/her behalf. If parents or guardians don’t file right away, minors have until one year after they turn 18 to file a claim themselves. 

• Personal Representatives. If a person is killed in the accident, the personal representative of the victim’s estate has standing to bring a wrongful death lawsuit.

• Guardians of Mentally Incompetent Adults. If an adult is considered to be mentally incompetent under the law, his or her guardian can bring the lawsuit on his/her behalf.

Other than the extension for minors, injured parties have three years from the date of the accident to file their lawsuit. However, if the accident involves negligence by an employee of a Wisconsin municipality, like a city or county, then the injured party has to notify, in writing, the municipality of the injuries within 120 days.

Motorcycle Personal Injury Attorneys are Here to Help

Working with a personal injury attorney is the best way to advance your case for compensation due to a motorcycle accident. They can help ensure the lawsuit is filed appropriately and on time, guide you through the process, which can be invasive and discouraging, and advocate for your best interests.

The personal injury attorneys at Eisenberg Law Offices are available to provide you with the help you need to persevere in your lawsuit. We have been representing clients in Wisconsin for over 30 years, helping accident victims obtain compensation for medical expenses, lost and missed wages, loss of earning capacity, property loss, and pain and suffering.

Contact Eisenberg Law Offices at 608-256-8356 or email Info@eisenberglaw.org to arrange a private and confidential review of your situation.