How Long Do You Have to File a Claim for a Bicycle Accident?

If you’ve been injured in a bicycle accident, one of the most pressing questions you may have is: how long do you have to file a claim? The time you have to take legal action is governed by a law known as the statute of limitations, and it varies depending on your location and the specifics of your case. In this blog post, we’ll explain what a statute of limitations is, how it applies to bicycle accidents, and why it’s critical to file your claim promptly.

What Is the Statute of Limitations?

The statute of limitations is a law that sets a maximum amount of time after an event within which legal proceedings must be initiated. Once the statute of limitations expires, you may lose your right to file a lawsuit and seek compensation for your injuries. For bicycle accidents, this timeline can depend on several factors, including where the accident occurred and the nature of your case.

The Statute of Limitations for Bicycle Accident Claims

In most states, the statute of limitations for personal injury claims, including bicycle accidents, is typically two to three years. However, it’s essential to confirm the exact statute of limitations in your jurisdiction, as it may vary. For example, some states may allow only one year to file a lawsuit for personal injury claims, while others may extend this period under specific circumstances.

Here are some critical points to consider regarding the statute of limitations for bicycle accident claims:

1. Time Starts from the Date of the Accident The clock typically starts ticking from the date of the accident. This means that you will have a limited amount of time from the moment the incident occurred to take legal action. It’s important not to delay seeking legal advice and filing your claim to avoid missing the deadline.

2. Discovery Rule In some cases, the statute of limitations may not begin until the injuries are discovered or when you realize the extent of the damage caused by the accident. For example, if you were unaware of an injury right after the accident, the statute of limitations may not start until the injury is diagnosed. This is known as the discovery rule and is especially important for hidden injuries, such as brain trauma or internal bleeding.

3. Exceptions to the Statute of Limitations There are a few exceptions that may allow you to file a claim after the statute of limitations has expired. Some of these exceptions include:
   • Minor Plaintiffs: If the injured person is a minor (under 18 years old), the statute of limitations may be extended until they turn 18.

   • Defendant’s Absence: If the party responsible for the accident is out of state or evades arrest, the statute of limitations may be paused until they return or are found.

   • Disability: In rare cases where the injured person is physically or mentally incapacitated, the statute of limitations may be delayed until the individual is capable of taking legal action.

Why Is It Important to File on Time?

It’s crucial to file your claim within the statute of limitations for several reasons:

• Right to Compensation: If you miss the deadline, you may be permanently barred from pursuing compensation for medical expenses, lost wages, pain, and suffering, or other damages related to your bicycle accident.

• Preserving Evidence: Filing your claim promptly helps ensure that critical evidence, such as eyewitness testimony, accident reports, and surveillance footage, remains available for your case. Delaying may result in lost or deteriorated evidence.

• Negotiating Power: Insurance companies may attempt to undermine your case by claiming that you waited too long to file a claim. Filing promptly demonstrates that you are serious about your case and helps establish credibility with both the insurance company and the court.

Contact a Bicycle Accident Lawyer

Contact us today for a free consultation to understand your legal options and how we can help you get the compensation you deserve. Don’t wait until it’s too late—let’s take the first step toward resolving your bicycle accident claim.

This post was written by a professional at Pipas Law Group. Pipas Law Group is a personal injury attorney Sarasota fl and Civil Litigation Law Firm in Downtown St. Petersburg and Downtown Tampa. Our Personal Injury attorneys specialize in car accidents, slip and falls, medical malpractice, dog bites, motorcycle accidents, and more. At Pipas Law Group, you will always speak with and work with the attorney on your case, not a case manager or paralegal. We take the very best care of our clients as possible, because that is what we would want for our families.