How Long Do I Have to File a Bicycle Accident Claim in New York?

Generally speaking, you have three years to file a bicycle accident lawsuit in New York. This three-year period begins to expire from the date of your bicycle accident. Although three years might sound like ample time to pursue a lawsuit, factors outside of your control could delay the process.

Given the high stakes of your bicycle accident claim, it is vital that you comply with the statute of limitations. The right legal counsel can help you meet this legal deadline and protect your right to pursue a monetary award. Let a New York bicycle accident lawyer at Douglas & London review your case for free as soon as possible.

The risk of delaying your lawsuit

If you do not comply with the statute of limitations, you could see the court dismiss your injury case with prejudice.

A dismissal with prejudice means that you are out of luck when it comes to pursuing monetary compensation. In addition to bringing your lawsuit to an end, a dismissal with prejudice also means that you can never file your lawsuit again. This is the case regardless of how strong your claim for negligence might be.

The three-year window of time that applies to most lawsuits can sneak up on you. Many people assume they have plenty of time to move forward with their case only to learn that the process could take longer than they might expect. Medical treatment, investigations, and negotiating with insurance companies can take time. Any delay in pursuing a personal injury claim could be detrimental to your chances of securing fair compensation.

The statute of limitations and insurance claims

The statute of limitations does not only apply to civil lawsuits; there is also a time limit for filing an insurance claim with the insurer of the driver responsible for your accident. Don’t make the mistake of assuming that you can pursue your claim whether the statute of limitations for filing a personal injury lawsuit in civil court has expired or not. That is not the case.

If the statute has expired in your case, the insurer will let you know they are under no obligation to honor your claim. The statute of limitations is important to keep in mind, even if you are optimistic a lawsuit will not be necessary in your case.

Exceptions for suing government agencies

Most bicycle accident claims involve accidents with motorists, pedestrians, or other cyclists. However, it is possible in some cases to pursue a claim against the City of New York or some other government agency. When this happens, the statute of limitations is significantly shorter. In some cases, you might only have 90 days to act.

It might not be immediately clear who is responsible for your bicycle accident. Poor road conditions could have contributed to your collision with a motorist without you noticing. For that reason, it is important to speak to an attorney as soon as possible. Your attorney can determine what the applicable statute of limitations is in your case.

Talk to an attorney about your right to file a bicycle accident lawsuit

If you were injured in a bicycle accident, securing fair compensation is only possible if you comply with the statute of limitations. A personal injury attorney in NYC can ensure that you comply with the statute and file your lawsuit on time. Contact Douglas & London right away to get started. All initial consultations are free, and you owe us no attorney fees whatsoever unless we recover compensation on your behalf.