The statute of limitations for bicycle accident cases – When someone is involved in an accident, the first thing that crosses their mind is whether they have been hurt. The second thought would be all about seeking immediate medical attention. After working on the above, the next thing that shall come to their mind is whether or not to sue. Deciding on or not suing requires one to look at the circumstances of the accident generally.
It is not always that the other car’s driver or bicycle was at fault. Sometime the injured party could be at fault. Moreover, after reviewing all these options, what should come to mind is whether you are still within the stipulated time of filing such a bicycle accident claim. California laws cover this period under the Statute of Limitations.
As indicated, this is the period you can lodge your claim. You must complete this crucial period to maintain your right to install the claim and consequently lock out any chances of ever getting compensation, notwithstanding the amount of negligence from the other party.
What Is the Deadline to Sue in California Bicycle Accident Cases?
As indicated above, the crucial timelines are to be adhered to if you will be compensated in your personal injury lawsuits per the accident statute of limitations.
In bicycle accident cases, there is a variation in the time one can lodge a claim in a court of law. This variance largely depends on the circumstances and the nature of the suit one intends to pursue.
The calculation of the statutory period shall be different if you are filing a bike accident claim for your injuries from when you are filing a claim for the wrongful death of your friend or loved one. The difference in claim primarily brings about this difference.
If you are filing a bike accident claim for personal injury or property damage, the law gives you two years from when the accident occurred. You must therefore decide within this period whether or not you should pursue your bicycle accidents claim. The stipulation for such a time is primarily informed by the fact that any claim taken to court often relies on evidence to the extent that if so much time goes about without one filing a suit, there is bound to be an erosion of proof. Also, if witnesses are to be called to testify, they should do so within two years when the bike accident circumstances are still fresh in their minds.
If one is filing a bike accident lawsuit over the wrongful death of their friend, relative, or loved one, the law stipulates that you must lodge this claim within two years of the date of their death. The accident date is immaterial because some bike accident victims may die from complications many years later.
It should be noted that the wrongful death lawsuit following a wrongful death also depends on evidence to the extent that there is a danger that if a longer period-being more than two years after the passing on of the bike accident victim is considered, there is a danger that crucial evidence may be destroyed or eroded through the sheer passage of time.
It is, therefore, crucial to make the date of the victim’s death and ensure that if a claim is lodged, it should be done not more than two years after the passing on of the bike accident victim. On the other hand, when one is desirous of filing a property damage or personal injury claim, they must mark the accident date and ensure that they file a lawsuit before the lapse of two years from when the accident occurred. As indicated above, the rationale for doing this is to ensure that crucial evidence is not lost or destroyed before the matter sees the light of day in court.
Exception for Minor Children
Most laws have exceptions when it comes to how they should be applied. California laws are not an exception to what may be excused if and when the exception is justified. It is, therefore, clear that any exception to the general rule must be explained by the presence of a more compelling reason as to why the exception should stand.
One of the exceptions to the general rule on the deadline for filing a personal injury claim following a bicycle accident is when the bike accident victim is a minor. In the case of the victim being a minor, the statute of limitation is halted or, in other words, until the minor bike accident victim turns 18. The moment they are 18 years, they shall have to decide whether to file the bike accident claim or not within two years. Beyond the two years after turning 18, they shall have no further right to institute the suit and shall be deemed to have forfeited any chance of compensation. They are 20 years. Without taking legal action at this point, the civil lawsuit shall be challenging to sustain.
Period to File a Claim Against a Government Entity
The rules are different if the bike accident involved a government entity or in a situation where a defect in a road caused the harm suffered, or if a government entity owned the other car. In such a case, the period within which you can institute such a suit is six months.
The other party/negligent party informs the shorter limitation is a government entity. You must therefore be aware of this fact and treat any intended filing of the suit as urgent. Beyond the provided six months, you may not be able to sustain a claim against the government entity, and even if you file the bike accident claim, the government entity shall shield itself by filing a document indicating that the claim is beyond the statutory limit.
What Happens If You Miss the Deadline to Sue?
As indicated above, the consequences of filing the bike accident claim beyond the statutorily provided timelines are dire. The delays are unforgivable, and no one would even want to listen to the reasons for your delay. However genuine the excuses could be. It is, therefore, of great necessity that you adhere to the timelines provided.
When you file the claim beyond the stipulated time, the insurance company for the party you deem negligent shall delight in filing a motion to dismiss your complaint. The judge shall allow the move to dismiss your bike accident claim as the law imagines and expects litigants to adhere to the legal timelines.
It should also be noted that you may not be successful in any negotiation with the negligent party’s insurance company. They shall be too aware that you will not be successful if you file a suit as the timelines shall have gone by. The claim does not matter whether you had a good case or how negligent the other side was. It is, therefore, of great and extreme necessity that you adhere to the timelines.
The consequences are harsh if you try to file a lawsuit after the period to sue has expired. The insurance company for the negligent driver would file a motion to dismiss your complaint, which the judge would grant. In addition, the insurance company would have no incentive to offer you a settlement because they would know you could not sue.
It is, therefore, of great urgency that you keep the timelines. As has been highlighted above, you must mark the dates from which the accident occurred, the date from which the property damage was done following a bike accident, and the day on which your loved one, friend, or relative died from the consequences of the accident as well as the date from which you got into a bike accident with the government entity vehicle or as a result of poor construction of the road. As indicated above, the rationale for doing this is to ensure that crucial evidence is not lost or destroyed before the matter sees the light of day in court.
The sooner you file the bike accident lawsuit, the better for you. Moreover, you must ensure that you do it as quickly as possible so that you can have sufficient time within which you can put together the necessary evidence that shall be able to sustain your case. The best way to do this is to speak to an experienced bicycle injury lawyer to enable you to make an informed decision.
Suppose you suspect that you are past the timelines provided by the law. In that case, you must immediately gather all the information on the bike accident so that the experienced lawyer you speak to can advise you on the best way forward.
Ultimately, dealing with any injury claim is made much simpler by having solid legal counsel. You might not be able to handle all the aspects of such an accident case on your own. Working closely with a lawyer is the most excellent approach to guaranteeing your recovery following such a bike accident in California.
Big Ben Law Lawyers
The team at Big Ben Law is immediately aware of the fear and concern that any bodily harm can cause. Imagine, for example, that you and your family still suffer from the consequences of a bicycle accident. If this is the case, our lawyers can provide you with the support you need to proceed with the lawsuit confidently. We’ll carefully examine how the accident occurred to help you establish responsibility for your losses and look into every possible source of compensation for your claim.
The sooner you hire legal representation after bicycle accidents, the better your prospects are of getting the maximum compensation permitted under California’s law. If you’re prepared to discuss your legal options with a skilled team of Big Ben lawyers, contact our team to arrange your free legal consultation.
Put your faith in Big Ben Lawyers to defend your rights. Contact our personal injury lawsuit lawyers for a free consultation to discuss your options. Please get in touch with us right away to discuss your bicycle accident lawsuit.
Is any Bike Accident Lawyer Near Me?
Big Ben Lawyers are near you and ready to help you recover compensation in any bicycle accident lawsuits you want to pursue in California.
Contact Big Ben Lawyers Today
Statute of limitations for bicycle accident cases – Big Ben Lawyers’ personal injury lawyers realize how stressful the aftermath of a bicycle or car accident is. Big Ben Lawyers must assist our clients in getting through this challenging event by aiding them with the convoluted legal process and giving them the best chance of receiving the highest compensation they deserve.
Do not delay if you or a loved one is a victim of a bicycle accident case. Contact Big Ben Lawyers immediately for a free case examination, or phone us at the numbers listed on our website. We also advise the injury victims to put together their medical bills and evidence, let us know how much compensation they would want, and advise them on all the issues surrounding their cases.
Do not hesitate to contact our able Firm of Attorneys, and we shall passionately pursue your personal injury cases with the maximum amount of passion.