How Long Do I Have to File a Personal Injury Claim Based on a Bicycle Accident?

How Long Do I Have to File a Personal Injury Claim Based on a Bicycle Accident?

All personal injury claims, including those arising from bicycle accidents, are subject to a statute of limitations, which differs from one state to the next, as well as among types of lawsuits. A statute of limitations is a deadline by which injury victims must file certain lawsuits. For injuries sustained in bike accidents, injury victims in California generally have two years from the date of the accident that led to their injuries in which to file suit against all potentially responsible parties (unless a governmental entity may be involved, as discussed below).

The statute of limitations is an extremely important deadline when it comes to personal injury lawsuits. Injury victims to fail to file their claims before the statute of limitations has expired risk being unable to pursue any compensation for their claims. In other words, they lose all ability to hold others responsible for negligently or recklessly causing injuries to them in a bicycle accident, regardless as to the extent and costs of their injuries and the responsibility of other parties for those injures.

However, there are a few exceptions to the general statute of limitations. Minors who are injured in bicycle accidents have two years following their 18th birthdays in which to file their personal injury claims. Essentially, the statute of limitations is tolled, or does not begin to run, until after the minors have become adults. Individuals who are mentally incompetent or otherwise incapable of filing a claim also may enjoy an extended statute of limitations.

Another exception to the general statute of limitations may be if you do not immediately discover that you have sustained an accident-related injury. It may be that the signs or symptoms of the injury or medical condition do not develop for days or even months after the accident that caused the injury. In this case, the two-year statute of limitations does not begin to run until after you discover the injury. However, in this situation, it may be more difficult to prove that the accident caused the injury, as opposed to an intervening force or incident causing the injury.

Furthermore, if the bicycle accident claim involves a public agency or governmental entity as a potentially responsible party, the claim must be filed within 180 days of the accident. In this situation, it is particularly important to seek the guidance of an experienced bike accident lawyer as quickly as possible following the accident. Bonnici Law Group has the experience, knowledge and reputation that you want and need when you are injured in a bike accident. We are here to help you build the strongest claim possible for compensation and obtain a positive outcome in your case. Do not hesitate to contact Bonnici Law Group at 619-259-5199 or help@bonnicilawgroup.com.

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