Does My Bicycle Accident Case Have a DEADLINE?
All Kinds of Injury Cases Have Deadlines and Bike Accidents Are No Exception.
If you miss a deadline, your case could be over before you know it.
The most common kind of deadline we talk about is what lawyers call a "Statute of Limitations". That's a fancy word for actual laws which limit how long you have to have your case settled or to file a law suit.
So if you MISS a "Statute of Limitations" on a bicycle injury case, then you may be out of luck. You might not be able to collect any money for your medical bills and injuries or even file a law suit after the deadline to go to Court.
There is no specific law for deadlines on bicycle accident cases...but the more general deadlines still apply...
In some kinds of cases, there is a specific law which says how long you have to sue for that kind of case. Examples include medical malpractice cases or cases against the City.
That means that the general rules on deadlines apply in bike crash injury cases.
Calculating a deadline, or Statute of Limitations in a Bike Accident or any kind of case is DANGEROUS. If you do it wrong, you could miss an important deadline. You should seek a free consultation from an experienced injury lawyer to know your correct deadline. (You can reach my office at 312-500-4500.)
To know your deadline in a bike crash, look at the Defendants -- the people and/or companies that hurt you.
When there isn't a specific law, then you look to the general lawa on deadlines.
The main injury deadline law says that you have 2 years from the date of your injury to file a law suit, and if you do not, then your case is over.
But there are some excpetions based on who you say hurts you.
The deadline is 2 years from the date of your injury for almost everyone.
The exception is if you are claiming that a City is responsible for your injuries.
If you are making a claim for injuries against a City or City worker, then you have ONE YEAR to file a law suit.
This could be a claim that the City did something that caused you to fall, or that a police officer, City worker or CTA bus struck you while riding your bike.
That's the most important deadline.
What is the 'other' deadline that most lawyers never tell you?
There is another deadline, perhaps almost important as the first.
It is the time limit for actually getting a lawyer who is willing to take your case. A lot of people do not know this, but there are many times after a bicycle accident where the injured person has a 'decision point' about what to do.
These 'decisions points' include questions like:
- Who should I see for my injuries?
- Should I give a recorded statement?
- Should I sign their papers?
- Should I delay going to the doctor?
- Should I take an early and low settlement or wait?
- And a thousand others...
Remeber that the involved insurance compainies want to move you towards decisions which make your case unproveable. So if you make some decisions which later hurt your case, it becomes challenging. SOme problems can be mitigated or fixed. SOme cannot.
So the 'second deadline' comes down to: can you find a great injury lawyer willing to take your case a long time after the accident happened?
That's because good lawyers know that the closer to the deadline, on average, the more problems the case has, and the less time the lawyer has to investigate the bike accident case
If you have too many problems with your case, or if you call a lawyer too close to a deadline, it might be hard to get a high quality and qualified lawyer to take the case.
Case Consultations are usually free with most injury lawyers. So it costs you nothing to talk to a lawyer right away after a bicycle accident. Consulting with a lawyer is a really good idea - you can know your deadline and what to avoid whether you hire the lawyer or not. (If you want a Free Consultation, you can reach my office at 312-500-4500.)
"Hiring Scott was one of the best moves I have made in my life. Scott is a down to earth person and attorney. Scott is a 5 star first class act who really knows his stuff. The Judge said his presentation was one of if not the best he had ever seen. Take my advice, hire Scott. I’m sure you’ll be 200% satisfied. I was."
Cab Driver, Fall Down