There are many reasons why a person might want to reopen a motorcycle accident case. In some situations, Georgia law will let you reopen your motorcycle accident cases. In some circumstances, you will not have a remedy. The ultimate answer as to whether you can reopen your motorcycle accident case will depend on the facts.
What Happens if You Settled Your Case and Want to Reopen It
When you accept a settlement check, the insurance company makes you sign papers, including a waiver. The waiver will say that you can never, at any point in the future, bring another claim or file a lawsuit seeking compensation for your injuries from the motorcycle accident.
Settling the case too early is a common pitfall for people who try to handle recovering compensation without the help of a lawyer. If you have not completed your medical treatment, you do not know how many additional procedures, like surgeries, you will need to fix the damage. Also, you do not know if you will have permanent loss of function from your injuries. For these reasons, you should avoid the temptation of a quick, early settlement.
The Statute of Limitations
Every state has laws called a statute of limitations which controls how much time you have to file a lawsuit. Let's say that you started a motorcycle accident case but then took a break from the claims process or litigation. In some situations, you might be able to reopen the matter, as long as the deadline has not yet passed.
Exceptions to the Statute of Limitations
In some circumstances, people can get a little extra time to file a lawsuit. For example, if you lacked the legal capacity to pursue your injury claim, Georgia law might give you more time and let you reopen your motorcycle accident case. Some of the reasons that you might get a longer deadline can include:
- You are in a comatose state from your injuries.
- You had cognitive impairment.
- You had a mental health issue sufficient enough to affect your legal capacity.
- You were a minor at the time of the wreck.
Be aware that there can be more than one statute of limitations that can apply to a motorcycle accident case. The time limit can vary, depending on whether you are suing under a legal theory of negligence, intentional tort, breach of contract, or defective product liability.
How A Lawyer Can Help You Evaluate the Issue
We realize that this information can be confusing, but do not worry. At S. Burke Law, we can talk with you and let you know if you meet the requirements to reopen your motorcycle accident case. You do not have to handle the complex matter like this on your own. We can evaluate your situation, investigate the crash, collect the evidence to build your case, and work hard to obtain the compensation that you deserve for your injuries.
We handle motorcycle accident cases on a contingent fee basis, which means that you will not have to pay upfront legal fees. Our legal fees will come out of the settlement or award at the end of the case.
We can deal directly with the insurance company so that you do not have to. Our motorcycle accident clients can focus on getting well because we are handling their legal matters for them.
You can call us today at 404-842-7838 to see how a motorcycle accident lawyer can help you. There is no obligation.