What Is The Statute Of Limitations For Bicycle Accident Claims?
The statute of limitations on bicycle accident cases applies the same as the statute in any type of injury case, whether it be a motor vehicle accident or slip and fall, and that is four years from the date of the incident.
Attorney Alexis Izquierdo always urges his clients to seek legal counsel right after the injury or as soon as possible. It is important because this is the best way to secure evidence and gather any fact statements, witnesses, as well as any documentation before those things become much more difficult to obtain.
If The Bicyclist Is Partially At Fault For The Accident, Do They Still Have A Claim?
In Florida, there is a comparative law that says even if you are somewhat responsible for what occurred, you still have every right to collect; as long as you’re not 100% responsible. Under the comparative law in this state, you may make a recovery, and you can make a claim.
How Important Is The Investigation and Re-enactments in Bicycle Accidents?
The investigation and reenactment is very important. That’s why it’s also crucial to seek legal representation early on in the incident. The memory of fact witnesses and people who may have seen what occurred is going to be more fresh and more recent, if you speak to them right after the incident as opposed to a month or a year later. The quicker all the facts are gathered, the easier it is for the attorney to help with presenting a case.
How Can An Attorney Help Me In Filing A Lawsuit?
The Izquierdo Law Firm files lawsuits on many occasions. What they try to do is present the claim and try and obtain the most they can, or policy limits at the onset of the claim. If they feel the insurance carrier for the person who caused the accident is not treating a client in a fair and reasonable manner, or the offer is below what they believe to be the amount of fair value for the claim, then they will proceed with a lawsuit.
The Izquierdo Law Firm puts forth all the cost involved in bringing the lawsuit forward, and then they bring the case to court. They take discovery, depositions, and so forth, and if there’s still no fair compensation offered then they will try the case. They bring the case to a trial, to a jury, and let the community decide what is fair.
What Damages Can The Victim’s Family Recover If A Bicycle Accident Results In A Death?
If there is an unfortunate catastrophic accident where there is a death involved, regardless of the type of accident, the victim’s family under the wrongful death act in Florida has a right to bring a claim on behalf of the estate for the individual who is deceased. Any proceeds recovered from that lawsuit will be distributed among the heirs of the victim’s estate. If the victim is survived by a wife the lawsuit would be brought on behalf of the wife. If they have children, the children as well, and so forth.
Do Most Bicycle Accident Claims Settle Or Do They Go To Trial?
Statistically in Florida, around 90 to 95% of the cases which are brought to court, to lawsuit, end up resolving without an actual jury trial. There are various reasons for that. Primarily the first reason is because sometimes the client chooses not to risk the uncertainty of a trial when there’s a substantial amount of compensation being offered. Other times cases end up in trials simply because they are either very difficult liability cases, and the at-fault person doesn’t believe they did anything incorrect. It’s then that a jury will decide who was right and who was wrong. Sometimes they go to trial because there’s differences of opinion regarding damages and the value of the case. If there’s no meeting of the minds prior to trial, then the case would get tried.
Typically the Izquierdo Law Firm is very quick when it comes to these types of cases. They really try not to prolong any case. If they feel they cannot get fair compensation in the pre-suit stage of the case, then they will bring the case forward to court and ask for a trial date. They will try and get a trial prior to one year from when the lawsuit was filed. They try and move very quickly and diligently for their clients.
For more information on Statute Of Limitations For Bicycle Accidents, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (305) 985-7800 today.
Get your questions answered - call me for your free, 20 min phone consultation (305) 985-7800