Walpole, MA Motorcycle Accident Lawyer

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If someone else’s negligence caused your recent motorcycle accident in Walpole, you can file a lawsuit to cover losses from that accident, like your lost wages and medical expenses.

First and foremost, you must know the statute of limitations for your lawsuit before filing. You will likely have three years from the accident date to sue. While there are some exceptions, you should not expect them to apply to your case without confirming with our lawyers. Otherwise, you might miss the deadline altogether. If you do, the court could reject your claim if you attempt to file outside the statute of limitations. When you do file your lawsuit, our lawyers may use various pieces of evidence to prove the defendant’s fault. Such evidence often includes statements from eyewitnesses, testimony from accident reconstruction experts, and medical records from victims’ treatment.

Call the Walpole, MA motorcycle accident lawyers of the Law Office of John J. Sheehan to discuss your case for free at (617) 925-6407.

Understanding the Statute of Limitations for Walpole, MA Motorcycle Accident Claims

One of the most important things victims can do following accidents in Walpole is learn the statute of limitations and how it applies to their claims. Neglecting the filing deadline for your case could have disastrous consequences for your recovery.

Filing Deadlines

Generally speaking, the statute of limitations for motorcycle injury claims is three years under Mass. Gen. Laws Ch. 260, § 2A. This is the filing deadline for most injury claims and is not specific only to motorcycle accidents. For example, if you were hurt while driving your car in Walpole, you would also likely have three years to sue. The accrual date for the statute of limitations is typically the date of injury.

Our motorcycle accident lawyers can pinpoint the final date you can file your lawsuit based on the accident’s date. We can then keep that deadline in mind as we prepare your case, though we may file well before the statute of limitations runs out in Walpole.

Exceptions to Filing Deadlines

There are few exceptions to the statute of limitations that might apply to motorcycle accident victims. While some injury victims can get tolling for delayed discovery in Walpole, motorcycle accidents often cause immediately apparent injuries, meaning many victims cannot push back the accrual date for the statute of limitations. Minor victims will get the statute of limitations tolled until they turn 18, even if they discover their injuries right away.

If the defendant in your case is a nonresident of Massachusetts, the statute of limitations may be tolled for any period that the liable party is outside of Massachusetts, pursuant to Mass. Gen. Laws Ch. 260, § 9. So, if a nonresident negligent driver hits you while riding your motorcycle and then leaves the state for a year, the statute of limitations will pause for that time.

Consequences for Missing Filing Deadlines

If victims miss the filing deadline and do not get tolling from the court, their claims might get dismissed. The statute of limitations exists so that plaintiffs cannot bring claims against defendants long after the cause of action accrues. Generally speaking, victims injured in motorcycle crashes need compensation immediately, not many years down the line. That said, when struggling with serious injuries, it is understandable for victims to focus on their physical and emotional well-being instead of their financial recovery. Unfortunately, missing the statute of limitations could end your case before it has a chance to truly begin.

Our attorneys can ensure this does not happen to you by starting to prepare your case immediately. Victims are less likely to miss filing deadlines for their claims when they preserve physical evidence and initiate immediate investigations into motorcycle accidents in Walpole.

Useful Evidence in Motorcycle Injury Lawsuits in Walpole, MA

Our lawyers may use different evidence from case to case, depending on the available proof. That said, eyewitness statements, testimony from accident reconstruction experts, and victims’ medical records might be some of the most compelling evidence used across motorcycle injury lawsuits in Walpole.

Eyewitness Statements

We can promptly interview witnesses following accidents to obtain their statements. Talking to eyewitnesses might garner additional information we did not previously know about the accident. Eyewitness statements are most useful when obtained immediately. Otherwise, witnesses might forget crucial details that could support your claim.

Accident Reconstruction

Motorcycle crashes are often complex, and eliminating questions about the victim’s involvement may be necessary. Victims who risk being blamed for part of an accident could see their compensation reduced under Mass. Gen. Laws Ch. 231, § 85. We can get an accident reconstruction expert to review photos, videos, and physical evidence from the collision site to undermine such arguments or show that the defendant had the last clear chance to avoid the collision.

If your case goes to court in Walpole, accident reconstruction experts can help us show a jury exactly how the incident happened, how fast each vehicle was traveling, the point of impact, and other detailed information. Even if you settle your claim, accident reconstruction could be the necessary leverage to convince the defendant to settle for a fair amount.

Medical Evidence

Medical evidence is important for several reasons. First, our lawyers must show that your injuries were due to the defendant’s negligence. To do this, we will need records showing your immediate injuries. This is why calling 911 and going to the emergency room is always important, even if you feel okay physically.

After your injuries are diagnosed, you might need to see specialists. For example, head injuries, which might still happen when victims wear motorcycle helmets, might require treatment from neurologists and other specialists. If you need further medical treatment, get it. When you do, you will continue to build medical evidence we can use in your case.