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Whether your accident stems from a motor vehicle collision or from striking a dangerous or defective condition in the roadway, you generally have three years after a bicycle accident to file a lawsuit. This time limitation is called the statute of limitations on bringing a personal injury lawsuit to recover damages for your medical bills, lost wages, and pain and suffering caused by your accident in New York.
However, some cases have shorter time limits and some require the filing of a Notice of Claim within as short a time as 90 days. While there are exceptions where the time to start the lawsuit may be extended such as injuries to minors or incapacitated persons, you need to know the correct time for filing your claim.
If you miss the deadline for starting your lawsuit, the law will prevent you from receiving any compensation at all that you would have deserved had you filed timely. In order to protect your rights, you should consult with an experienced personal injury attorney.
If your injuries were the result of negligence of The City of New York or other municipality or governmental authority such as the New York City Transit Authority or New York City Housing Authority, you must file a Notice of Claim within 90 days of your accident and make sure to file your lawsuit within one year and 90 days.
Another example of an exception to the three year statute of limitations involve accidents which lead to death. In such a case, you must bring your claim for wrongful death within two years.
You should not have to worry about losing your right to recover the fair and reasonable compensation you deserve. Speak to our lawyers today to protect your rights.
While every case is unique, there are two main types of bicycle accidents which can give rise to a personal injury claim: bicyclists who are struck and seriously injured by motor vehicles and bicyclists who strike roadway conditions resulting in injuries.
Bicycles are vehicles, but unfortunately, they are not always treated that way by the cars, trucks, motorcycles, and buses with which they share the road. When a larger vehicle strikes a bicycle, it can result in serious injuries or even death for the cyclist.
If you were struck and seriously injured by a vehicle while on your bicycle, you generally have three years from the time of the accident to file a personal injury lawsuit unless that vehicle is owned or operated by The City of New York or other municipality, authority, State or U.S. Government. Contact a qualified lawyer to discuss the unique facts of your claim.
According to statistics from the New York City Department of Transportation (NYCDOT), a significant percentage of serious accidents in the city are caused by dangerous roadway conditions such as potholes and defective construction repairs.
Depending upon the unique facts of your case, you may be able to bring a claim against the party responsible for causing or creating that dangerous roadway condition or against The City of New York for permitting that condition to exist for an unreasonably long period of time.
For a free legal consultation, call (212) 732-2929.
You generally have to show that the other party was negligent in order to recover compensation.
Drivers can be shown to be negligent in several ways, but here are some common contributing factors that can lead to these accidents.
In order to prove that another party was negligent for causing, creating or allowing the specific roadway defect to exist without repairing it in a reasonable amount of time, a careful and thorough investigation must be undertaken.
Your attorney will need to show that the other party was negligent through site inspection, public records searches, expert evaluation, sworn testimony and other records.
In order to protect your rights after any bicycle accident, never accept money at the accident site. This can make it more difficult for you to succeed in future lawsuits.
If you have been involved in an accident, follow these simple tips to protect your rights:
Even if you are not sure whether you have a claim or believe that you may be partially at fault for the accident that does not preclude you from recovering damages. In New York, even if you are partially at fault, you may still recover some compensation that was the result of the fault of another.
Contact the experienced and dedicated lawyers at Dansker & Aspromonte Associates LLP to discuss your rights: .
It does not matter whether you are filing an insurance claim or a lawsuit in court—you will have to prove your bicycle accident case in order to win compensation. Proving your case means three things: proving fault, proving your injuries, and proving your damages. Evidence must be gathered and used to prove your case.
Evidence that could be used to prove a bicycle accident case:
You do not have to gather this evidence all by yourself. You do not have to file a claim or lawsuit by yourself. A lawyer can take on your case and help you get through the entire process.
Complete a free case evaluation form now.
You do not always have to go to court for a bicycle accident. You may be able to win a settlement through an insurance claims procedure, which can speed up the process, can be less stressful for many injury victims, and could be more convenient for you.
If you are worried about the injury claims process or about going to court, reach out to Dansker & Aspromonte Associates LLP to discuss your case with a legal team member in a free case evaluation. We won $6.25 million for a bicycle injury victim who suffered serious injuries when the insurance company failed to offer a fair amount of compensation during negotiations. Our New York bicycle accident lawyers want to help you too.
Call (212) 732-2929 today. Our law firm serves Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and Nassau and Suffolk Counties. If you have been seriously hurt in a bicycle accident, call us without delay. There are deadlines that limit your rights. Failure to bring your claim by these deadlines may prevent you from getting the compensation you deserve.
Call or text (212) 732-2929 or complete a free case evaluation form.
If you or someone you love has been seriously injured after a bicycle accident, contact Dansker & Aspromonte Associates LLP today at (212) 732-2929. Our consultation is free, and if we agree to accept your case, you will not be required to pay us any money upfront.
We work on a contingency fee basis, which means that we only earn a legal fee when you recover compensation. Don’t delay. The sooner you call, the sooner we can begin to protect your rights and build a strong claim for you.
Our personal injury attorneys have a track record of helping clients with cases of car accidents, construction accidents, wrongful death, severe injuries, and more.
Call or text (212) 732-2929 or complete a free case evaluation form.
“Your ability speaks for itself and you worked meticulously with all of your heart and conscientiousness.”
“Your ability speaks for itself and you worked meticulously with all of your heart and conscientiousness.”