Generally, there is a two-year statute of limitations for filing a lawsuit following a bicycle accident. You may be solely responsible for your accident-related losses if you choose not to submit a claim within this window. A California bicycle accident lawyer may help you request compensation before your window to do so expires.
The Triumph Law, P.C. team understands the statute of limitations for personal injury claims. Our California bicycle accident attorney may review your case and help you determine if now is the right time to file a claim. For more information, reach out to us.
Deadline for Suing After a Bicycle Accident
It may be in your best interests not to wait too long after your cycling accident to seek compensation. You may file a claim against an at-fault motorist or any other negligent parties. Once your claim is submitted, you may build an argument designed to help you secure the damages you want.
If you suffer an injury in a bicycling accident, you may have up to two years from the date you got hurt to sue an at-fault party for damages, per California’s statute of limitations. One exception is if you do not discover your injury right away. In this situation, you may have up to one year from the date of discovery to seek compensation from anyone responsible for your injury.
Triumph Law, P.C. is a top law firm for personal injury cases in California. Our team can answer frequently asked questions and many others about the statute of limitations for injury claims and how it applies to your case. To learn more, contact us today.
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(916) 500-0000Statute of Limitations Minor Children Exception
You may have a child who suffers an injury in a bicycle accident. In this scenario, the statute of limitations may be extended. There may be a “tolling” of the statute, enabling you to file a claim until your child turns 20.
For example, your 16-year-old child may be involved in a bike collision in which they suffer a catastrophic injury. At the time of the accident, your child is considered a minor. Based on tolling of the statute of limitations, you may have up to two years from the date of your child’s 18th birthday to seek damages from any at-fault parties.
In addition to a minor child exception, there may be an exclusion relating to suing a government entity. If a government body is in some way responsible for your biking collision, you may have only six months from the date of your accident to pursue damages. You may still have to prove negligence to show the government entity was at fault for your crash.
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What Can Happen if You Miss a Deadline to Sue
If you miss a deadline to sue, you may not be able to seek damages again down the line. For instance, an at-fault motorist’s insurance company may request your claim be dismissed due to the fact that the statute of limitations has lapsed. A judge or jury may be inclined to rule in the insurer’s favor.
There is no incentive for an at-fault driver’s insurance company to engage in settlement negotiations with you if you do not comply with the statute of limitations, either. At this point, the insurer may be within its right not to offer you compensation or dismiss your claim altogether. As such, you may have no choice but to pay your medical bills and other damages out of your own pocket.
If you are worried you may miss your deadline for filing a bike crash claim, consult with an attorney. Choose a lawyer who has helped bicycle collision victims achieve outstanding case results. This attorney may help you submit your claim and seek the most compensation possible.
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When to File a Bike Accident Claim
You may file your bicycle crash claim within days of your collision. To do so, you can meet with a lawyer to discuss your accident. Your attorney may go over the process of submitting a claim and help you complete the necessary steps.
In the days following your bike accident, an at-fault party or their insurance company may contact you in the hopes you will not pursue compensation. They may offer a settlement, which may be far less than what you may be able to get if you submit a claim. If you receive a settlement proposal, you may want to evaluate it with an attorney, as they may help you make an informed decision about what to do with it.
Just because you pursue compensation in a bike accident claim does not guarantee you will receive damages. Your personal injury claim may involve back and forth between your attorney and the defendant. If no settlement is reached, you may bring your case to a judge or jury, and they may decide if you will be awarded damages.
How Long It Takes to Resolve a Bike Accident Lawsuit
You may believe your bike crash case may be simple to resolve, but the legal process may be lengthy. No matter how long it takes to settle your case, your attorney remains at your side. They may advocate for you, protect your legal rights, and help you build a body of proof that may compel a judge or jury to rule in your favor.
If you have accident scene photos and videos, witness statements, and other forms of proof, you may be in a good position to secure damages. A defendant may negotiate with you and your attorney, which may lead to a reasonable settlement. On the other hand, if you do not get a settlement offer that will provide you with adequate compensation, it may be beneficial to bring your case to trial.
The Triumph Law, P.C. team has a wealth of experience in bike collision cases. We may help you navigate the legal process and get compensation from any at-fault parties. To schedule a free consultation, contact us today.