Is There A Deadline In My Bicycle Accident Case?
Are There Deadlines in My Bicycle Accident Case?
Bicycle accidents are one of the most common road accidents in the city. However, they are usually left unsettled either because the injuries are too minor or very few lawyers are willing to take up the case. Another reason why injuries remain unsettled is that bicycle accident cases have deadlines.
Like all road accident cases, even bicycle accidents have a deadline, during which several formalities need immediate attention. If you miss a deadline, your lawsuit will stay invalid, and you will not be able to make any claims.
So before you look for a lawyer and delve into the case, there are certain things you need to understand about bicycle accident deadlines.
Here are a few crucial points to understand so that you can build a strong case for any bicycle accident injuries.
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.)
Statute of Limitation In Bike Accident Cases
The time limit you have to settle a claim or file a lawsuit is called a “Statute of Limitation.” It is applicable in other situations as well. If you miss a case deadline, you will not be able to collect any claims for your injuries or file a lawsuit for the same incident again.
There are no fixed laws for bicycle accident case deadlines, but the general Statute of Limitations applies to the case. So there can be exceptions when the evidence is against the city or medical malpractice.
In Chicago, the deadline for filing a bicycle accident lawsuit is two years. However, if it is against the city ot against the CTA, it is one year. The Statute of Limitation differs for different countries and cities. However, it is a general rule that private claims have a longer extended deadline than against government cases.
Tolling the Statute of Limitations
In most cases, if an individual fails to claim or file a lawsuit within the stated period, the situation becomes invalid. However, there can be conditions where an individual can try to extend or halt the deadline for filing a lawsuit called tolling the Statute.
In the state of Illinois, the tolling of the Statute can be made in the following situations:
- If the injured party is mentally incapable of filing the lawsuit during the statute period.
- If the injured is physically incompetent during the stipulated timeline
- If the injured is a minor during the event. Then the claim can be made within 2 years after the individual turns 18 years old.
Even the exceptions differ for each county and state judiciary. So before you file your claims, make sure to check on your statute limitations or consult a lawyer.
How to Calculate Your Deadline
Knowing your deadline is one of the most effective ways to plan your strategies. When you know you have a deadline, you can sort your priorities and build your case, depending on your time limits.
To know your deadline, find out who you are up against or who caused the injury. When you are injured, find out who is responsible for the accident- whether it is a person or a company.
In most cases, the deadline for bike accidents is two years from the day of injury. But when it involves the state or city, there is an exception. You have to file your case within one year when the defendant is city or city workers.
Claims against the city could be because of the wrongful actions of a police officer, city workers' negligence or public transport drivers. You need to know who your defendant is and whether they are private individuals or if they work for a company or the city.
If you are up against the city, your deadline is one year, and if you are against a general person, your timeline is two years.
You can calculate the time by keeping track of the moment when the accident occurred. The case will resume from the date of injury.
If you decide to file a lawsuit, you will have to find a lawyer immediately and race against time, whether it is within a year or two.
Deadline to Finding a Lawyer
Once you decide to file a case for a bike accident, you will find that there are several things you need to sort out. The first is finding a lawyer willing to work on your case with such a limited time.
A lot of cases go unresolved or nullified because there are not suitable lawyers to take up the case. The closer a situation is to a deadline, the harder it gets to solve it. Lawyers will have to rush against time to investigate the matter and might not find relevant documents and proof to support the claims.
The other problem is that the defendants will work twice as hard to invalidate the case by making it more complicated. So the situation gets more challenging with more time restraints.
When you face such problems, you need to consider some essential points. You have to ask yourself these:
Whom should I consult?
Is a recorded statement necessary?
Is signing the defendant's paper a good idea?
Should I visit the doctor immediately?
Should I accept the first settlement even if it is low, or should I wait?
These are tough decisions to make on your own. Sometimes what feels like the right decision could lead to complications later on, and you might find yourself in a worse place. That is when consulting a professional legal advisor becomes handy.
Some settlements can be fixed or mitigated, and some cannot. You need to consider if there can be a better settlement if there are other implications.
So, when you find yourself in a tight spot after a bicycle accident, finding a good lawyer within the deadline is one of the most important things.
What to Do When You Meet a Bicycle Accident Deadline
Whether you decide to file a lawsuit or not, there are certain things you must take note of if you are in a bike accident.
Firstly, make a police report. Most people don’t think of making a police report, but when you do, it makes tracing much more accessible. The police can identify the driver, and you can get insurance information from them.
The second step is to collect witness information. Collecting as many witness information is very important because most defendants often claim that the cyclist came out of nowhere.
The police can help in recording the witness information if they arrive on the scene in time. If not, you should also try and collect it independently. This step will significantly help speed up your case when you are on a deadline.
Finally, document your injuries. Immediately take photos of your injuries, whether it is a damaged bike, visible injuries, or the bike and the defendant's position. You can use these photos as evidence when proving your point in court. Otherwise, insurance companies can claim that the injuries happen before or after the accident.
The point is never to underestimate the severity of a bike accident and the importance of collecting even small details. Quick thinking in the moment can be significant in building your case and speeding up the trial. It makes it less tasking and saves time when you are on a deadline.
When it comes to bicycle accidents, the claims could be in terms of money for medical bills and personal injuries. You can also claim compensation for other damages to your career, property, or relationships.
Although personal injury lawsuit filed against a city or government authority is different from private individuals, the rush to meet a deadline is still very relevant.
There can be a massive claim for both parties if you delve into the severity of a bike accident. But to ensure that you can file your case, you need to do it fast because no one likes to compensate. Any company or defendant will try their best to avoid small or big compensations. So filing a claim can be counter-effective when you don't have the right legal guide beside you.
If you have to make bicycle accident claims within a deadline, get the help of a lawyer who specializes in personal injury claims. You can make case consultancy to find out more personalized information about your bicycle accident deadlines.
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.)
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