Consequences of Missing the Filing Deadline After Your Bicycle Accident
If you fail to file your case within the applicable deadline, the liable party wouldn’t have to pay for your damages. You would also be unable to file a civil lawsuit at all––even if you’ve incurred costly damages.
Rarely, extenuating circumstances can buy an injured plaintiff more time to file their case. You shouldn’t count on getting an extension. If the injured party is a minor child, they get more time to file their lawsuits. However, merely being unaware of the filing deadline does not give you more time to act.
Injured in an Accident?
Get a free case review by calling The Hammer Now.
(800) 333-9999
Negotiating Is Not the Same Thing as Filing a Lawsuit
Negotiating with the liable insurance company is not the same thing as filing a lawsuit. Pursuing an insurance claim does not satisfy the statute of limitations, and it doesn’t give you more time to act.
The “Ghosting” Strategy Some Claims Adjusters Use
Sometimes, people who represent themselves fall victim to bad faith insurance practices, such as “ghosting.”
Thinking that the adjuster is negotiating in good faith, the bicyclist does not file a lawsuit. Then one day, the adjuster “ghosts” them. He does not respond to emails or return phone calls. Eventually, the injured bike rider gets a letter from the insurance company, noting that because the statute of limitations expired, they can’t pursue damages. You do not want this to happen to you.
We handle bicycle accident cases in Indiana, Ohio, and Kentucky. We represent people in their personal injury or wrongful death claims that arise out of bicycle crashes.
The Statute of Limitations for Bicycle Accidents in Indiana
You only have two years, under IC § 34-11-2-4, to file a personal injury lawsuit against a typical defendant, like an individual. The filing deadline could be much shorter, however, if you think a government agency or employee caused you harm. In that instance, you likely have less than two years to file your case.
The Statute of Limitations for Bicycle Accidents in Ohio
The filing deadlines for bicycle accident lawsuits in Ohio are:
- Two years for personal injury cases, per Ohio Revised Code Section 2305.10
- Two years for wrongful death cases, according to Ohio Revised Code Section 2125.02
Just as with Indiana, you could have far less time to take legal action against a government entity. Also, you could be required to exhaust your administrative remedies before taking your injury case to court.
Injured in an Accident?
Get a free case review by calling The Hammer Now.
The Statute of Limitations for Bicycle Accidents in Kentucky
Kentucky’s statutes of limitations are more complex than other states’. For example, Kentucky has one filing deadline for general personal injury lawsuits and a different time limit for personal injury cases arising from car accidents.
Consider the following:
- The general personal injury statute of limitations for injury cases that do not involve car accidents is only one year, according to Ky. Rev. Stat. § 413.140(1).
- A personal injury lawsuit that arises out of a car accident must get filed within two years of the accident or the last PIP payment, under Ky. Rev. Stat. § 304.39-230.
- If your close relative passed away because of a bicycle accident that was someone else’s fault, Ky. Rev. Stat. § 413.180 generally gives you one year to file a lawsuit. Your filing period begins from the date of your loved one’s passing or from the date of the estate representative’s appointment.
Kentucky can require a personal injury claim against a government entity or official to go through an administrative claim process first before filing a lawsuit. Usually, you have far less time to sue the government than to sue an individual.
