Cycling is great fun, make no mistake. However, an accident can turn a cycling trip into a nightmare. If you are involved in a bicycle accident that is not your fault, you may be eligible for financial compensation for the resulting economic and non-economic damages.
However, to file a personal injury claim and receive the compensation you deserve, you need to take a couple of things into account. One of these is to file your personal injury claim against the liable party according to the provisions of California negligence laws.
You cannot file a claim at your convenience
California, like all the other states, has a time limit within which the plaintiff can sue the defendant. This time limit is referred to as the statute of limitations. According to the California Code of Civil Procedures, you have two years effective the date of the bicycle accident that lead to your injuries to file a claim against the negligent party.
If you bring your lawsuit after the expiration of the statute of limitations period, it is almost certain that your claim will be denied. This means that you will have to pay your treatment costs and any damages to your bike and other personal properties out of your own pocket. And this can be extremely costly, especially if the injury puts you out of work.
A few exemptions apply to the statute of limitations
The state of California understands that certain circumstances can prevent you from filing your claim within the statute of limitations period. Here are some of these circumstances:
- When the defendant leaves the state before your file your claim
- When the injury victim is a minor who cannot act for themselves
If you sustain an injury due to another person’s negligent actions, you can pursue the liable party for financial restitution for your damages. Legal guidance can make for a more successful outcome.
