Bicycle accidents can have devastating consequences, both physically and financially. As a cyclist who suffered injuries, you must understand the potential value of your bicycle accident claim. Knowing the worth of your claim allows you to pursue fair compensation for your injuries, medical expenses, and other losses incurred due to the accident. If you receive less than full compensation, you can have unnecessary and overwhelming financial obligations for years to come.
The following is a look at some factors contributing to the value of bicycle accident claims and why understanding this value is necessary for protecting your rights and securing the compensation you deserve. The first step to take is consulting with a bicycle accident attorney who can assess the value of your case and seek everything you deserve from the proper sources.
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Understanding Bicycle Accident Claims
Tens of thousands of cyclists suffer serious injuries in collisions each year across the United States. Many of these collisions lead injured cyclists to pursue compensation from negligent drivers by filing claims with the driver’s auto insurance.
There is a typical legal process for pursuing compensation in bicycle accident claims. The process typically involves:
- You should report the accident to the appropriate authorities, such as the police. Doing so helps create an official record of the incident, which can be beneficial when filing a claim later.
- You must seek medical attention for any injuries sustained in the accident, even if you don't think your injury is significant. Documenting your injuries and medical treatments is necessary for receiving proper treatment and proving your injuries in your claim.
- Once you've received a diagnosis and treatment plan, you should consult a bike accident attorney to begin the legal process. They will evaluate your situation and prepare to submit a claim to the at-fault party's insurance company or your insurance provider, depending on the circumstances of the accident and where it happened.
Damages in Bicycle Accident Claims
Several types of damages may be available to compensate you for your losses after a bicycle accident. Economic damages cover the financial costs incurred due to the accident, such as medical expenses and lost income.
Non-economic damages, such as pain and suffering and emotional distress, compensate you for the intangible harm caused by the accident. These damages acknowledge the physical and emotional pain you've experienced as a result of your injuries and aim to provide you with fair compensation for your suffering.
Here's some further information on each form of damage.
Economic Damages
Economic damages in bicycle accident claims cover financial losses directly resulting from the accident. These damages include the following:
- Medical expenses for all types of related medical treatment, including hospital bills, surgeries, medications, physical therapy, and rehabilitation services. These expenses are essential for your recovery and well-being following the accident. The higher your expenses, the more compensation your attorney will demand.
- Lost income compensation covers income you lose because you can't work and also reduced earning capacity if you can't return to your job. Whether you've missed work temporarily or permanently, lost income damages help offset the financial impact of your reduced earning capacity.
- Property damage includes the costs of repairing or replacing your bicycle and any other personal property damaged in the accident. This compensation may cover repairs to your bicycle, helmet, personal electronics, or other equipment.
Economic damages should reimburse you for tangible financial losses, providing relief and helping you recover from the incident's financial impact.
Non-Economic Damages
Non-economic damages in bicycle accident claims address intangible losses that you may experience due to the accident and your injuries.
- Pain and suffering compensation addresses the physical discomfort, pain, and inconvenience from your injuries. Not only do pain and suffering damages cover the pain you experience right after your injury, but it also includes limitations or discomfort you may experience for a long time.
- Emotional distress damages compensate you for the psychological effects you experience. These effects can include PTSD (post-traumatic stress disorder), depression, or anxiety. These damages acknowledge the emotional toll that the accident has taken on your mental well-being.
- Loss of enjoyment of life damages account for the effect of your injuries on your ability to participate in activities and hobbies you once enjoyed. Whether it's cycling, exercising, playing with your children, or engaging in other activities, loss of enjoyment of life damages recognize the loss of pleasure and fulfillment resulting from your injuries.
Non-economic damages aim to compensate you for the intangible losses from the bike crash, recognizing the physical, emotional, and lifestyle changes resulting from your injuries. These might not be tangible or financial losses, but they are just as important as monetary expenses and you should never underestimate them.
An experienced bicycle accident lawyer will know how to calculate all of your economic and non-economic losses.
Why You Need a Bicycle Accident Attorney to Gather Evidence and Documentation
You'll need an experienced lawyer to seek everything you deserve after a bicycle accident. You'll also need proof you weren't to blame. Hiring an attorney is important for gathering evidence and documentation to support your case.
Determining Liability
Collecting evidence is necessary for establishing liability and proving the circumstances of the collision. A bike accident attorney can properly document and preserve critical evidence, such as photos of the accident scene, video footage, witness accounts, and more. This evidence can be instrumental in reconstructing the accident and determining the fault.
Documenting Your Injuries
Medical records and bills help demonstrate the extent of your injuries and treatment. An attorney can obtain these records from healthcare providers and organize them to clearly show your injuries and medical expenses. This documentation is needed to calculate your economic damages.
Other Evidence to Strengthen Your Case
Expert witness statements and professional testimony can strengthen your case and provide additional evidence to support your claims. Testimony from medical professionals or accident reconstruction professionals can provide professional opinions on your injuries' severity and the mechanics of the accident, further bolstering your case.
Overall, having an attorney to gather evidence and documentation in bicycle accident claims is essential for building a strong case and maximizing your chances of success. An experienced attorney understands the importance of thorough documentation and knows how to collect and present evidence effectively to support your claims. By enlisting the help of an attorney, you can ensure compelling evidence supports your case, and you have the best possible chance of obtaining fair compensation for your injuries and losses.
How an Attorney Calculates Damages in a Bicycle Accident Case
Once your bicycle accident lawyer collects evidence, they'll calculate how much your bicycle accident is worth. Never hire a lawyer who claims they'll know how much you deserve before getting the facts of your case. That behavior is unethical and misleading.
You always want an experienced attorney to calculate damages to ensure you receive fair compensation for your injuries and losses. Otherwise, you will likely wind up with much less than you need. Here are some ways your lawyer will determine the amount of money they'll pursue from those who caused your injury.
Assessing Economic Damages
Your lawyer will meticulously compile all evidence to accurately assess the economic damages resulting from the accident. This can include:
- Medical bills for all your past treatment.
- Receipts for transportations costs to medical appointments.
- Expenses for additional childcare or home assistance you needed due to your injuries.
- Documentation from your employer showing how much time you missed from work and how much income or benefits you lost.
- Expert estimates regarding future medical treatment and expenses.
- Expert estimates regarding future lost earnings.
Despite having concrete evidence of many of these losses, insurance companies will still regularly try to challenge them.
Calculating Non-Economic Damages
Your attorney will then assess the non-economic damages you've suffered due to the bicycle accident. These damages are more difficult to quantify, so your attorney will consider the injury severity, recovery duration, and overall impact of the accident on your physical and emotional well-being. How do you prove what this is worth to an insurance company?
First, your lawyer may also consult with medical professionals, mental health professionals, and others to demonstrate the common effects of your type of injury on a victim’s life, including pain levels and mental devastation. Further, there are accepted methods of calculating pain and suffering damages in the personal injury realm, and your lawyer will use the proper method for your case.
How Your Bicycle Accident Lawyer Will Fight the At-Fault Party's Insurance Company
Starting with an accurate value for your claim is only the beginning of an often uphill battle. This is because the insurance company covering the at-fault party will usually attempt to reduce or deny your compensation. But your experienced attorney will fight for your rights.
Your lawyer will employ various strategies to effectively fight the at-fault party's insurer. First, they will present compelling evidence to support your claim of the policyholder’s liability. This can hopefully avoid liability disputes and move forward to settlement negotiations.
Negotiating Your Compensation
In addition, your bicycle accident attorney will handle all communications and negotiations with the insurance company. They can respond to requests for information or documentation by adjusters to support your settlement demands. They will review any offers and advise you whether they are fair. If not, you can reject the offer and your attorney can continue negotiations for a higher amount.
Your bike accident lawyer will leverage their knowledge of personal injury law and experience dealing with insurance adjusters to seek the full compensation you deserve for your injuries and losses.
Filing Litigation
If the insurance company refuses to offer a fair settlement or denies your claim, your lawyer will not hesitate to take your case to court. They can file a personal injury lawsuit in civil court, follow complex procedures, and even represent you in court proceedings and present your case to a judge and jury, arguing for the compensation you deserve. It's very likely, however, that the insurer will eventually make an equitable settlement offer before a trial occurs.
Whether your case settles directly with the insurance company, during litigation, or ends with a verdict at trial, a knowledgeable and experienced lawyer is essential for effectively fighting the at-fault party's insurance company and maximizing your compensation after a bicycle accident.
Hire a Bicycle Accident Attorney Immediately
Hiring a trusted bicycle accident attorney immediately after your crash and diagnosed injuries is never something you should delay, for many reasons.
Insurance Communications
Insurers often reach out to victims, asking for recorded statements or even making quick settlement offers. Never speak with an insurance representative or accept anything without legal advice, as this is a tactic for you to accept much less than you deserve.
When you hire your attorney, they will handle all communications with insurance companies, preventing you from inadvertently saying or doing anything that can harm your case. They'll prevent you from accepting anything against your interests.
Evidence
Immediately hiring an attorney also allows them to investigate the bicycle accident promptly and thoroughly. Waiting too long to hire an attorney may result in losing or destroying valuable evidence, making it more difficult to prove liability and recover damages.
Meeting Deadlines
A bicycle accident lawyer can also ensure you meet all necessary deadlines for filing a claim. In personal injury cases, strict statutes of limitations often govern how long you have to file a lawsuit. By hiring an attorney as soon as possible, you can avoid missing these deadlines and preserve your right to seek compensation.
Hiring an attorney quickly also increases your chances of obtaining a fair settlement. Insurance companies are more likely to take your claim seriously and offer a reasonable settlement when they see an experienced attorney prepared to fight for your rights and represent you.
Consultations with personal injury attorneys are free, and they will assess your options and even begin representing you and working on your case at no charge. You only pay legal fees if they successfully win compensation. You have nothing to lose, so act today to protect your financial future after a bike crash injury.
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