The aftermath of a bike accident can be difficult, as victims might feel shaken both physically and emotionally. Bicyclists stand little chance of walking away unharmed when a car strikes them. They have no protection from an accident other than a helmet, and even that does little to keep them from being seriously hurt. Physical injuries will result in astounding costs, both now and in the future.
You need to get enough money for your bicycle accident injuries because you may incur significant economic and non-economic costs. Before you can even negotiate a settlement, you need to know the exact value of your case. An experienced bicycle accident attorney can help you both learn how much money you can expect, and they will fight for you to get every dollar of it over the objections of the insurance company.
The time to get legal help from a bicycle accident lawyer is now. The days after the accident are vital to your legal case, and you may not even get a dollar at all if insurance companies have their way. A bicycle accident attorney can establish your legal right to compensation and work to protect it at all costs. If you do not have a bicycle accident attorney, the insurance company will ensure you get the short end of the stick at the end of the day.
How Drivers Are Negligent in Bicycle Accident Cases
The prerequisite to financial compensation in a bicycle accident case is proving that the driver was at fault. Before worrying about how much you can get in damages, you must have the evidence to demonstrate that someone else was negligent.
Drivers can cause bicycle accidents by doing the following:
- Distracted driving leading to rear-ending a bicyclist
- Not allowing enough space to pass a bicyclist (state law always requires a certain amount of distance between you and the bicyclist)
- Opening a car door into the path of a bicyclist
- Striking a bicyclist due to reckless driving
A Bicycle Accident Lawyer Helps You Learn the Value of Your Case
Your question to a bicycle accident lawyer may be about the average value of a case where you have suffered specific injuries. Unfortunately, there is no such thing as an average settlement for a bicycle accident case because each victim has unique circumstances and situations.
Your bicycle accident attorney will thoroughly evaluate all aspects of your case to determine its value. They will consider the medical expenses you have incurred and will continue to incur in the future, as well as any loss of income or earning capacity. Additionally, they will consider any pain and suffering you have experienced due to the accident.
How to Determine Your Bicycle Accident Compensation
Your bicycle accident attorney will explain the factors that underlie your potential settlement agreement.
There are two broad categories of damages that you may receive in any bicycle accident settlement:
- Economic damages pay you back for your actual financial losses associated with the bicycle accident, whether it is money you had to pay or income you would have earned had you not suffered an injury.
- Non-economic damages are subjective and should pay you back for the effects that your bicycle accident injuries have had on you and will have on you.
How Medical Expenses Work in a Bicycle Accident Settlement
Medical expenses are one of the main elements of your economic damages. The responsible driver must pay you for the money you have already spent out of your pocket for medical care. They also need to pay your health insurance company for the money it has already spent. Your bicycle accident settlement will also include money to cover your future care, and you must receive enough to avoid using your entire settlement for medical expenses.
Your bicycle accident lawyer will work with medical experts, and they will review your medical records to learn more about your prognosis and your future care needs.
Lost Income in Your Bicycle Accident Case
Then, you have the right to money for lost income. The responsible driver must reimburse you for the money that you missed out on earning from work when you were unable to do your job because of your bicycle accident injuries. You can also get paid for the time you had to take off to get medical care, even if you can work on other days. In some instances, your bicycle accident injuries may have left you limited permanently. Then, you may have limited potential earnings because you cannot do the same job and may have missed out on promotions and a career path. Your settlement will also pay you for the reduction in your earnings capacity.
Non-Economic Damages Can Be a Large Part of Your Case
Your non-economic damages are an important yet misunderstood element of your bicycle accident settlement. One of the most significant parts of your check is the pain and suffering that you have had to endure. Remember that your pain and suffering damages are unique to your situation, and your physical injuries may have caused you anxiety and depression. You may have had a fulfilling life beforehand, with hobbies and things you enjoyed that you can no longer do because of your injuries.
The problem is that two competing interests are at play when measuring pain and suffering damages. You want to tell your personal story and get paid for how your bicycle accident injuries have affected you. However, the insurance company's interest is to be as "objective" as possible in a manner that suits its financial interests. Insurance companies want to take subjective out of the picture because they know it will cost them more.
Accordingly, insurance companies will likely use the multiplier method for pain and suffering by applying a specific number to your medical expenses based on the severity of your injuries. You can expect that this number will be far smaller than reality. Insurance companies will always underestimate your pain and suffering damages, forcing you to fight them every step of the way.
Other elements of your non-economic damages broadly fall under the umbrella of pain and suffering include:
- Emotional distress
- Scarring and disfigurement
- Embarrassment and humiliation
- Anxiety and depression
By working with an experienced bicycle accident attorney, you can ensure that they will take into account all these non-economic damages. They will gather evidence, consult with experts, and build a compelling case to demonstrate the full extent of your losses. Your lawyer can make a significant difference in the overall value of your claim so you can receive the compensation you deserve.
Wrongful Death Damages in a Bicycle Accident Case
The damages in a bicycle accident case take on an entirely different character when a loved one dies. Then, your family is the personal injury victim, and you have suffered your own losses. Your family member played an important role, whether it was as a breadwinner or as a beacon of love and support. You must measure the value of your loved one's life to the family when determining how much to seek in compensation. Again, wrongful death damages are highly subjective, and they are entirely dependent on what your loved one meant to the family.
A bicycle accident lawyer plays a vital role in your case by helping you learn how much you can expect in compensation. Insurance companies already have this information and will use it to their advantage in any way they can. Your bicycle accident attorney puts you on a closer footing with them because information is power in any personal injury case.
The amount of money you can receive depends on how much insurance coverage is available for your injuries. The responsible driver had already decided how much coverage they needed before they got on the road. You hope they were prudent and did what was necessary to protect themselves from liability. They have a coverage limit to their policy, the maximum amount you can receive from their insurance coverage. You can collect from their personal assets if you obtain a judgment against the driver in a lawsuit. However, seizing a driver's assets is difficult if they do not have enough to pay you.
You can also file a claim against your insurance policy and receive payment for a bicycle accident when the responsible driver does not have enough insurance coverage. Your insurance coverage may entitle you to money in an underinsured motorist claim, and you can always file a claim for damages the other driver did not cover because they did not have enough insurance.
Unfortunately, dealing with your insurance company is not necessarily easier because these companies all operate with the same ethos. They want to avoid paying you, even if you have been their customer for years, and will make you fight for what you deserve.
How a Bicycle Accident Lawyer Helps Your Claim
In your case, a bicycle accident lawyer's most critical role is leading the fight with the insurance company. You cannot go toe-to-toe with insurance companies under any circumstances. They are too knowledgeable and sophisticated to allow an average claimant to beat them, let alone someone who is dealing with serious injuries. Insurance companies have no reason to fear you and act like they hold all the cards.
Hiring an experienced bicycle accident lawyer gives you cards of your own to play when you need them, and their experience and knowledge can significantly impact your case's outcome. They understand the laws and regulations surrounding bicycle accidents and know how to build a strong case on your behalf.
You Can Negotiate for Adequate Bicycle Accident Compensation
Insurance companies may make you a settlement offer, assuming that they are not trying to blame the accident on you. This offer will almost always be for a fraction of the actual value of your case, and it is an attempt to lure you into a quick resolution that will benefit them. You have some control over the amount of money you receive because you have the legal right to compensation. If you know both your rights and the overall value of your case, a bicycle accident lawyer can pressure the insurance company to pay you everything you deserve.
Nothing says you need to accept anything that does not fully compensate you for your harm. Your bicycle accident lawyer will review any settlement offer you receive and give you their advice about whether it is in your interest to accept it. Most often, you will need to reject at least one settlement offer and likely several more.
Insurance companies may raise their offer over time because they know that the alternative is that you can file a lawsuit and haul them into court. Then, they will lose control over the legal process, which is the last thing they want.
It Costs You Nothing Out of Pocket to Hire a Bike Accident Attorney
Your bicycle accident lawyer's job is to protect you during the legal process as you seek the compensation you deserve. Their help is just a phone call away, and it does not cost you any money upfront to get help from a bicycle accident attorney. They work for you on a contingency basis, meaning they only receive payment if they can secure a settlement or win a verdict on your behalf. Regardless of their financial situation, this arrangement allows anyone to seek legal representation without worrying about upfront costs.
By working on a contingency fee basis, bike accident lawyers will work to get the maximum compensation possible for their clients. Since their fee is contingent on the case's outcome, they are motivated to diligently investigate, gather evidence, negotiate with insurance companies, and take the case to court to fight for you if necessary.
Another benefit of hiring a bike accident lawyer on a contingency fee basis is that it removes the financial pressure typically associated with legal representation. You can focus on your recovery and the important aspects of your life while your attorney handles the legal complexities of your case. There is no need to worry about upfront costs, hourly rates, or unexpected bills.
If you have suffered an injury in a bicycle accident, it is crucial to consult with a personal injury lawyer to understand your rights and options. Remember, you have nothing to lose and everything to gain by hiring an experienced bike accident attorney who will fight for the compensation you deserve.