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Personal Injury Firm in Los Angeles

Statute Of Limitations For Bicycle Accidents


Bicycle accident injuries tend to be the most severe when it comes to personal injury. Regrettably this is because only half of American bicyclists wear helmets, and only 7% admit to wearing a helmet more than half the time. There are a myriad of bicycle accident injuries that can occur and some of the most dangerous, such as brain injuries and spinal cord injuries, may take a while to be diagnosed.  

Although you may start to recognize symptoms weeks or months after an accident, it is always best to talk with an attorney who is knowledgeable about bicycle accidents. West Coast Trial Lawyers are experienced personal injury attorneys with accomplished track records. We are always here to answer any questions you may have about bicycle accidents.

 

Pasadena Bike Injury Attorney 

After a 2019 bike collision, the Rose Bowl Loop was criticized for negligent staff and unsafe traffic cone placement.     

Irvine Bike Injury Lawyer 

14 bicyclists were killed in Orange County last year.

The Statute of Limitations for Personal Injury Lawsuits 

The Statute of Limitations details the period of time a victim has to file a personal injury lawsuit. This limit differs from state to state. In the state of California, a victim has two years to file for personal injury damages against another individual or party. Since bicycle accident injuries are covered under personal injuries, you have two years to file a bicycle accident lawsuit. 

California Statues For Other Injuries  

California has different periods for other types of damages. Below is a list of how the state handles these claims:

Personal Property Damage. There is a three year time limit from the date of the personal property damage. These damages can include: theft, fraud, trespassing, and of course physical damage. 

Injury from Medical Malpractice. The law allows one year from diagnosis of malpractice, or three years after the surgery or injury causing action. 

Government Claims. When the government is responsible for your injury you only have 6 months after the accident to file a notice of claim. If your claim is denied within 45 days, you have 6 months from the date of the denial of your claim to file a lawsuit.

General Statute of Limitations In California 

  • Injury to Person: 2 years
  • Slander: 1 year
  • Fraud: 3 years
  • Property: 3 years 
  • Collection of Rents: 4 Years
  • Collection of Debt: 4 years 
  • Oral Contracts: 2 years 
  • Written Contract: 4 years 

Special Circumstances And Tolling  

The Statute of Limitations usually starts at the time of the incident or when the incident is discovered. Nevertheless, the law isn’t perfect and does consider a few exceptions based on the type of case. These special circumstances will cause a hold or “toll” on the time period until a certain event occurs. California law allows your time to be tolled if:

  • The plaintiffs is a minor 
  • An imprisoned or out of state defendant is involved 
  • There is a temporary unfit mental or emotional state regarding the defendant 
  • The plaintiff is physically incapable of filing a claim 

An example of tolling is when someone is in a coma. In this situation, the Statute of Limitations will start when they regain consciousness and are mentally capable of being on notice that they have a potential personal injury claim.

West Coast Trial Lawyers Is Here to Help

If you have sustained injuries as a result of a bicycle accident, you have the right to hold the guilty party responsible. A bicycle accident attorney at our firm can help you recover financial compensation for the losses you have suffered, including medical bills, property damage, lost wages, and pain and suffering from your injury. Call us today at (213) 927-3700 or email info@westcoasttriallawyers.com to schedule a free consultation with our experienced, caring and compassionate legal team.



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