Suing for a Bicycle Accident in California
When Is It Too Late to Sue for a Bike Accident in California?Bicycle accidents can result in minor to severe injuries. Unfortunately, bicyclists often sustain injuries that need immediate medical attention, such as a fractured bone, spinal cord injury, or brain injury. Since bicycles offer no protection against vehicles, a bicyclist is almost always likely to endure intense impact, whether it be direct contact from the vehicle itself or the concrete ground. Victims of a bicycle accident are eligible to file a personal injury claim against the party at-fault for damages. However, the victim must submit their claim without exceeding the statute of limitations. The duration of compiling evidence and other additional documentation can take a long period of time to complete all on your own. You will need to acquire legal representation in order to successfully submit a well-constructed and convincible claim on time. At West Coast Trial Lawyers, we have experienced bicycle accident attorneys that will help strengthen your claim and negotiate with insurance companies to get you the compensation you deserve. With our track record of winning more than $1 billion in settlements for our clients, we are confident that we will deliver a good outcome to your case. To schedule a free consultation, please contact our 24/7 legal team by calling 213-927-3700 or filling out our quick contact form.
The Statute of Limitations for Personal Injury LawsuitsThe statute of limitations details the period of time in which a victim has to file a personal injury lawsuit. This limit may vary depending on the state. In California, a victim is given two years to file a claim against the other party. If you exceed the deadline, you will lose your right to file a personal injury claim, unless you have a legitimate reason that will grant you an exception.
Other Types of ClaimsCalifornia 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 3 year time limit starting from the date of when the personal property damage was committed. These damages may include theft, fraud, trespassing, and physical damage. Injury from Medical Malpractice. The statute of limitations for medical malpractice is 3 years from the date of the incident. The victim may also file for up to 1 year after they find out about their injury. 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|
Special Circumstances and TollingThe 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 plaintiff 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.
- The plaintiff dies within 6 months of the deadline. The lawsuit may be filed by a representative within 6 months of the plaintiff’s passing.
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