If you were hurt in a motorcycle accident because someone on the road demonstrated negligent behavior, you can seek compensation. However, navigating the legal structure of injury cases may be complicated. Meanwhile, without full knowledge, it is easy to make mistakes and lose your chance of recovering fair damages.
Understanding how the Albuquerque statute of limitations for motorcycle accident cases works can help you and your legal team build a strong case. Reach out to our motorcycle accident attorneys guide you through the legal process.
The statute of limitations for motorcycle accident cases in Albuquerque defines the time the injured person has to file a lawsuit against the at-fault party. This period is three years from the time of the accident or when a related injury has been reasonably discovered.
For example, the person was in a motorcycle accident but initially felt fine and did not seek medical attention. Weeks later, they began experiencing severe back pain and were diagnosed with a spinal injury. The clock starts running on the date of the diagnosis.
When it comes to cases against the government, the statute of limitations is only two years. However, in order not to lose the chance of damage recovery, the injured person has to send a written notice to the at-fault entity within 90 days of the accident.
In some situations, the court in Albuquerque may toll (extend) the statute of limitations for motorcycle accident cases. It may be possible if the victim of the accident is a minor. For people under 18 years of age, the clock starts running the day they turn 18. However, they only have one year from the time they are 18 to file the claim.
Another reason is physical or mental incapacity. If the person sustained serious injuries (e.g., a TBI) in the accident, they may not be mentally capable of filing a personal injury claim. The period of three years will begin when the person is stable enough to handle legal action.
When filing the case against the government, the 90-day notice period may be extended for up to 90 more days if the person is incapacitated by the injury.
Three years may seem like a long time. However, delaying legal action could hurt the case. As time passes, it becomes harder and harder to collect high-quality evidence. Meanwhile, witnesses may forget important details or leave the state.
The faster the injured person starts talking to an attorney, the easier it will be for the legal team to build a strong case. Since it is possible to seek compensation not just for past but also for future damages, putting off the claim until the person recovers is not necessary.
Recovering fair damages after a motorcycle accident is complicated. At-fault parties and their insurance companies will try everything in their power to minimize the payout. Even if you understand Albuquerque statute of limitations for motorcycle accident cases, you have many other nuances to navigate.
NMAF is a local law firm. We care about the community and work hard to achieve justice for accident victims. Call us to schedule a free consultation at any time.
