I Was in a Motorcycle Crash: How Do I File an Accident Lawsuit? By Greg Burton on February 29, 2024

two motorcyclists riding on a roadMotorcycle accident injuries can be severe with extensive medical costs and long term difficulties. Having a motorcycle accident lawyer on your side can help you recover compensation for your injuries and other damages. 

If you’ve been injured in a motorcycle accident, you may be wondering how to file an accident lawsuit. At G.R. Akin, P.C., our motorcycle accident lawyers serve LongviewTX, and the surrounding areas, guiding clients and taking the confusion out of the legal process. For answers to your questions about filing an accident lawsuit, we welcome you to schedule a consultation. 

In the meantime, learn more about filing a motorcycle accident lawsuit in this brief guide. 

Are You Within the Statute of Limitations?

The first thing to consider when preparing to file a motorcycle accident lawsuit is whether your accident injury claim is within the statute of limitations. For Longview clients it’s important to know that the statute of limitations in Texas is generally two years. 

This means an injured party has two years from either the time of their accident or the time their injury was discovered to file a personal injury lawsuit. Filing a personal injury lawsuit after the statute of limitations has passed usually ends in the case being dismissed. 

Consult an Attorney

If the statute of limitations hasn’t expired, it’s important to consult an attorney. It should also be noted that there can be confusion and exceptions as to when the statute of limitations will run out. Consulting an attorney can clarify if you’re still within the statute of limitations for filing a lawsuit. 

Meeting with a lawyer will involve discussing what happened during your accident and what injuries resulted. Based on the details of your accident and injuries, your attorney can advise you as to whether your best option is filing an insurance claim or seeking legal action. 

Filing an Insurance Claim or Seeking Legal Action

When seeking compensation for injuries and other damages after a motorcycle accident, filing an insurance claim is one of the first steps. It’s possible that insurance will offer a settlement that’s reasonable to you and your attorney. If so, it may be worth accepting the insurance. 

When the insurance company falls short in their settlement offer and refuses to offer something acceptable to you and your attorney, it may be time to seek legal action. 

Legal action may be the best course of action when the settlement offered by insurance is significantly less than what your attorney has valued your damages to be. 

Filing a Lawsuit

When choosing to seek compensation through a lawsuit, your attorney will file the lawsuit and serve the defendant (the at-fault party). The defendant will then have time to respond to the lawsuit.

Pretrial Litigation 

Before going to trial, a lawsuit must go through pretrial litigation. During this time, a process called discovery occurs. Discovery involves requesting information from both sides, depositions (questioning under oath), and other formalities. 

Before going to trial, it’s also necessary to compile evidence to support your claim. Your attorney can gather evidence such as hospital records, police reports, experts, and photos of the site of the accident, to support a personal injury claim.  

Accepting a Settlement or Going to Trial

Throughout the pretrial phase, a settlement may be negotiated and agreed upon. If a settlement is accepted, the lawsuit is essentially resolved and will not go to trial. 

If a settlement is not accepted, the case will go to trial and the outcome will be decided by a judge or jury. The judge or jury will decide whether a settlement is awarded to you and the amount awarded. 

Contact G.R. Akin, P.C.

If you have been injured in a motorcycle accident, it’s important to have an attorney on your side to help you get the maximum compensation for your injuries and other damages. To discuss your legal options, please schedule a consultation at G.R. Akin, P.C. in Longview.  

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Randy Akin and Greg Burton

G.R. Akin, P.C.

Randy Akin and Greg Burton have more than 50 years of combined experience. They are affiliated with several professional associations, including:

  • Texas Bar Foundation
  • State Bar of Texas
  • Gregg County Bar Association

Contact us online to ask a question or call us at (903) 297-8929.

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