|
|
|
|
How quickly must I file a lawsuit if I’m injured in a bicycle accident? If a minor was also injured?
You must file suit before the legal time runs out. There is no grace period. These deadlines are not negotiable. Each state has a statute of limitations, which restricts the length of time that may pass between the date of injury and the date by which your case must be filed. In some states, that statute is one year from the date of injury; in other states, it is two years or more.
If you file a lawsuit beyond the applicable statute of limitations, the defendant can demur (that is, file a pleading that basically says, "So what? The plaintiff waited too long and now recovery is barred by law"). In addition to the defense of the applicable statute of limitations, a defendant may raise the "equitable argument of latches" (the plaintiff has been "sleeping" on his/her rights for so long that recovery should be barred).
You must educate yourself as to the requirements in your own state. The simplest way to do that is to contact an attorney who handles personal injury cases in the state where you live.
If there was a minor involved in the accident who was also injured, he or she has until his or her 18th birthday plus the statutory limit to file suit. For example, in California, the statutory limit is two years to file a personal injury lawsuit. Therefore, a fourteen-year old would have two years from the date on which he turns 18 to file suit, or 6 years total. |
Free Case Evaluation From An Experienced Personal Injury Attorney.
|
|
|
|
|
|
|
|
|
Free
Injury Case Evaluation |
|
Reviewed by an Experienced Attorney |
|
|
|
|
|
|
|
|
|
State Law Center
|
Legal Resource Directory
|
Legal Articles
|
Insurance Advice and Quotes
|
FreeAdvice Answers
|
Community Forums
