With more and more people choosing motorcycles as a relatively inexpensive way to travel, motorcycle accidents are on the rise in Illinois. Unfortunately, motorcycles are no match for larger vehicles when it comes to roadway accidents, which means most motorcycle accidents involve serious injuries and even fatalities to bikers.
These accidents can come with hundreds of thousands or even millions of dollars in medical bills, lost wages, and other monetary implications. Although insurance companies are sometimes willing to pay for damages, they more often than not attempt to get away with paying as little as possible.
Motorcycle victims who hire a well-versed DuPage County motorcycle accident lawyer may have a better chance of receiving compensation for their damages than those who do not. With a steadfast personal injury attorney by your side, you could have a constant and experienced ally ensuring your rights are protected and your best interests prioritized.
Statute of Limitations for DuPage County Motorcycle Crashes
The statute of limitations is the deadline given by the State of Illinois for civil injury plaintiffs to file their claim. 735 ILCS 5/13-202 gives car and motorcycle accident victims two years from the date of their accident to file a civil claim for their injuries.
The state imposes these deadlines so that potential defendants do not have to worry for years about lawsuits that may come their way. In addition, it is best for civil cases to involve information that is not several years old, as memories may fade and evidence may become harder to find over time.
If a motorcycle accident victim—or their DuPage County motorcycle accident attorney—fails to file their claim within the period set by the statute of limitations, they have likely forever given up their right to seek compensation for their damages. They can still file a claim after the deadline has passed, but defendants would likely ask for and be granted a time-barring of their case by the court due to the statute of limitations.
Settlement Versus Going to Trial
The majority of civil cases are settled prior to going to court since a settlement is generally easier on all parties involved. For the plaintiff, a settlement can be a faster way to obtain compensation and may also be less emotional and allow more time for physical healing. For a defendant, it may be a smart financial move to settle instead of depending on a jury to decide how much they owe to a plaintiff.
At any point, after the defendant becomes aware of a pending or filed lawsuit, settlement talks may begin. These negotiations can be done with communication between attorneys for the plaintiff and the defendant or through a third-party mediator.
Many factors may be considered in settlement negotiations, including any role the plaintiff may have played in their own injuries and the sum total of their accident-related expenses. A seasoned motorcycle accident lawyer in DuPage County could provide advice on what a fair settlement may be and whether the plaintiff they represent should accept what the defendant is offering.
Reach Out to a DuPage County Motorcycle Accident Attorney
Get the representation you deserve by hiring a dedicated DuPage County motorcycle accident lawyer. Whether you decide to settle or not, your attorney could be by your side every step of the way.
It is important to make this difficult time of your life as manageable as possible, both in the immediate aftermath of a crash and going forward. Call today to schedule your free case consultation and receive answers to your pressing questions about your motorcycle accident case.
