If someone caused your bicycle accident, you have up to two years to file a lawsuit against them. If you wait for longer, you will not be able to recover money for your damages.
It’s best to get started on your injury case as soon as possible. You can do that best by contacting a bicycle accident lawyer. To get a FREE consultation, call John Foy & Associates at (404) 400-4000, or contact us online.
What Is the Statute of Limitations for a Bicycle Accident Lawsuit?
The statute of limitations is a time limit for a lawsuit. It’s the maximum amount of time you have to bring a legal case.
The statute of limitations for a personal injury case varies by state. In Georgia, you have two years to file a lawsuit (Georgia Code Section 9-3-33). If you try to bring a lawsuit after that period, the courts will bar you from recovering damages.
However, there are a few exceptions to the statute of limitations.
Property Damage Lawsuit
If there were no injuries in your bicycle accident, you might have a property-damage-only case. The filing deadline for a property damage case is four years in Georgia.
Suing a Government Entity
Sometimes, a bicycle accident happens because a government entity was negligent. For example, maybe road conditions caused your bicycle accident instead of a driver. If a government entity is responsible for the roads, they could be liable.
Government entities that could be responsible for your injuries include:
You have much less time to file a lawsuit against the government. In Georgia, the statute of limitations is only six months. Suing a government entity is also less straightforward. You must follow the rules of ante litem laws.
Under ante litem laws, you must provide a warning to a government entity before suing. Within six months of your bicycle accident, you must provide written notice that you intend to file a personal injury claim. Your notice must include:
- The date, time, and location of the accident
- How the government entity was negligent in your accident
- The severity of your damages
- Other details that are specific to your lawsuit
The government body should respond within 30 days, either denying or accepting your claim. If the entity denies your claim, you can file a lawsuit.
When bringing a case against the government, you should have a bicycle accident lawyer. At John Foy & Associates, we can discuss your case and your best options. To get a FREE consultation, call (404) 400-4000, or contact us online.
Wrongful Death Bicycle Accident Lawsuit
Unfortunately, bicycle accidents are often severe. Sometimes, they result in death. If a loved one died in a bicycle accident, you might have a wrongful death lawsuit.
Like other personal injury cases, you have two years to file a wrongful death lawsuit. However, only specific family members can bring this type of suit. Contact a bicycle accident lawyer to learn more.
When Should You File the Lawsuit After Your Bicycle Accident?
You probably feel an urgency to file as soon as you can. Your accident has probably left you with medical bills, lost wages, property damage, and more. You need money to recover your costs. However, there are reasons not to file immediately.
After a bicycle accident, your injuries might need time to heal. If you require extensive treatment, you’ll want to complete it as fully as possible. Otherwise, you might not yet know the full value of your damages.
A bicycle accident lawyer can also meet with medical professionals about your treatment outlook. If you know your total damages, you’ll know how much compensation to fight for once you file your lawsuit. You will want to prioritize your case not to miss the deadline.
Will You Definitely Have to File a Lawsuit?
You might not have to file a lawsuit at all. Most bicycle accident cases settle outside of court. If you can get a fair settlement from an insurance claim, that’s ideal.
Talk to your bicycle accident lawyer about filing a claim. Your lawyer can work to negotiate with the insurance company. If the insurer refuses to offer a high enough settlement, then you might consider a lawsuit.
Personal injury lawsuits are lengthy and expensive. You’ll only want to file a lawsuit if you’ve covered all other options. Consult with a lawyer to know the best options for you.
How Soon Should You Contact a Bicycle Accident Lawyer?
We recommend contacting a lawyer right away after your accident. There are many things to consider after a bicycle crash. You’ll want to:
- Preserve evidence from the accident
- Get prompt medical treatment
- Save all proof of your damages
- Determine the value of your case
A lawyer can start working on all of the above and more. Experienced bicycle accident lawyers can send investigators to the scene to document evidence. If you wait too long to get legal help, it can hurt your injury case.
To file within the deadline, contact a lawyer as soon as possible. Thankfully, most personal injury lawyers do not charge a fee unless they win your case. You can get legal advice without any upfront risks.
Talk to a Bicycle Accident Lawyer for Free Today
At John Foy & Associates, we have become one of the largest injury law firms in Georgia. We’ve helped countless injured cyclists win the compensation they deserve. Our team can examine your case and determine your best legal options.
Contact us today for a FREE consultation. We do not collect a fee unless we win for you. There are no upfront or out-of-pocket costs.
Call us at (404) 400-4000 or contact us online to get a FREE consultation.