What Legal Deadlines Apply to Filing a Motorcycle Accident Lawsuit in Nova Scotia?

What Are Your Rights as a Motorcycle Accident Victim in Nova Scotia?

Although motorcycling provides great recreation and affordable transportation, a motorcycle accident can seriously injure you. If another party injures you while you’re motorcycling, discuss your case with a Halifax motorcycle accident lawyer as soon as possible.

Motorcycle riders who survive collisions may suffer lacerations, multiple bone fractures, traumatic brain and spinal cord injuries, and/or paralysis. Many motorcycle accident injuries can be permanently disabling, requiring lifelong treatment and numerous surgeries.

If a negligent automobile or truck driver injures you while you’re riding a motorcycle, the law in Nova Scotia entitles you to pursue financial compensation for your suffering and pain, uninsured medical costs, lost earnings, and related damages.

What Deadlines Apply After a Motorcycle Accident?

However, to recover your compensation, you’ll need to act quickly. You and your Nova Scotia motorcycle accident lawyer must meet some important deadlines, and your lawyer may have to prepare a case to prove that the car or truck driver in the accident was negligent.

In Nova Scotia, the deadline to bring an injury lawsuit based on a motorcycle accident is two years from the accident date. In some cases, such as wrongful death and claims against a municipality, shorter limitation periods apply, and you may need to take steps to commence a legal proceeding in as little as 6 months.

In other cases – such as cases involving minors or individuals with disabilities – the deadline may be extended beyond two-years.

In still other cases, the “discoverability rule” may apply. If you’re involved in a motorcycle accident and you sustain a latent or difficult-to-detect injury, the statute of limitations period does not begin until you discover (or reasonably should have discovered) that you’re injured.

Is There an “Ultimate” Deadline for Filing an Injury Lawsuit?

However, the discoverability rule is restricted by the Nova Scotia Limitation of Actions Act, which prevents anyone from filing a lawsuit more than fifteen years after a traffic accident.

Even if you discover an injury caused by the accident, if that accident occurred fifteen or more years ago, you cannot take legal action to recover compensation. The Limitation of Actions Act helps ensure the integrity of the evidence and the fairness of the judicial process.

The point at which a limitation period begins may be more challenging to determine if the injury victim is unconscious, a minor, chronically under the influence of drugs, or suffering from other circumstances that limit the victim’s capacity to sue within the two-year limitation period.

When Will You Need to Contact a Motorcycle Accident Lawyer?

A Halifax motorcycle accident lawyer can explain what the limitation period is in your case. Get advice as soon as you can so you are fully informed of the time limits in your case. Remember if you miss a time limit you will not be able to start a lawsuit to recover compensation except in exceptional circumstances. 

If a car or truck driver injures you while you’re motorcycling, seek medical attention immediately. That’s the paramount priority. After a medical provider has treated you, don’t wait. Contact a Nova Scotia motorcycle accident lawyer as quickly as possible.

If you wait, the evidence in your case could be lost, altered, or contaminated. The memories of the witnesses will fade. The limitation period may expire. Contacting a lawyer immediately places you in the best position to prevail with your lawsuit and recover the compensation you need.

How Will Your Motorcycle Accident Lawyer Help You?

Like other personal injury lawyers, motorcycle accident lawyers represent their clients on a contingent fee basis. Your first legal consultation is provided without cost or obligation. You’ll get personalized legal advice and learn how the law applies to your case.

If you and your lawyer proceed with a personal injury lawsuit, you’ll pay no upfront fee to your lawyer and no fee unless and until your lawyer recovers your compensation with a court verdict or an out-of-court settlement.

Your lawyer may consult your medical provider and other medical professionals to determine your medical needs. Your lawyer will protect your rights, discuss your legal options, and advocate aggressively for the justice and compensation you’re entitled to under the law.

How Will Your Lawyer Recover Your Compensation?

Your lawyer will investigate how and why you were injured, determine which party or parties should be held liable, and hold that party or parties accountable for your medical bills, lost wages, and related damages.

A personal injury lawyer will concentrate on the facts of the case to uncover the truth. Most motorcycle accident injury claims in Nova Scotia are settled in out-of-court negotiations, so most injury victims do not have to appear in court.

But if liability for the accident is contested, or if no reasonable settlement is offered in the out-of-court negotiations, your lawsuit will go to trial, where your lawyer will tell the court how you were injured (and how seriously) and ask the court to award the compensation you need.

Can You Reduce the Chances of a Motorcycling Accident?

You can reduce the chances of a motorcycling accident by observing these safety recommendations:

1. Make sure your lights and brakes function properly.
2. If you see someone driving recklessly, don’t let that motorist get behind you.
3. Wear safety gear – boots, gloves, a jacket, and a helmet – whenever you’re motorcycling.
4. Make sure you have ample space between your motorcycle and the closest vehicle.
5. Always use your headlight.
6. Watch for drivers who make blind turns or emerge from between parked cars.
7. Never presume other drivers can see you.
8. Never ride a motorcycle when you are fatigued or intoxicated.
9. Check the tires for cracks, bulges, and bald spots. Keep your tires inflated.

McKiggan Hebert Lawyers Will Fight for Your Rights

How can you locate an accident lawyer with the skills and experience to handle your motorcycle accident claim successfully? For over a decade, McKiggan Hebert Lawyers has represented motorcyclists and others injured by negligent drivers in the Halifax area and throughout Canada.

At McKiggan Hebert, injury victims receive every professional courtesy and consideration. Our award-winning lawyers have established a reputation for extraordinary client service and legal excellence. We know how to resolve the most complicated injury claims.

Find out more about your rights after a motorcycle crash, or launch the legal process now. Call McKiggan Hebert Lawyers at 902-706-2298 to schedule a no-cost, no-obligation case evaluation and review. Let the team at McKiggan Hebert Lawyers put the law to work for you.