Cycling is great for exercise and recreation. It is also a cheap, environmentally-friendly transportation alternative.
Unfortunately, there are thousands of crashes involving bicyclists every year in California. And Los Angeles County consistently has the highest number.
If you have been injured in a crash that resulted from a driver’s negligence, you may be wondering how to value a bike injury case. This is complex since the circumstances of each case are unique.
The good news is that a good bicycle accident lawyer can help you calculate the “damages” you are owed. Once you understand what these are–what they include and exclude–you will have a better idea of what type of claim you might have. Keep reading to find out how you can get the compensation you deserve.
What Are Damages?
Bicycle crashes with vehicles fall under the category of “personal injury” law. You can seek compensation for “damages” related to your injuries. These come in different forms but are generally categorized as “compensatory” and “punitive damages.”
As the name suggests, compensatory damages are compensation for the losses you experience as a result of the crash. This can be everything from medical expenses and emotional distress to lost wages and bike repair costs. (We get into the details of compensatory damages below.)
Punitive damages are meant to punish an especially negligent driver. For instance, besides facing serious criminal charges, a judge might grant punitive damages in a drunk driving case. They also could levy them against the restaurant or bar that overserved the driver.
If the crash was a result of a defective automotive component, judges sometimes levy punitive damages against the manufacturer. You would need to show that the company acted in a grossly negligent manner though.
Note that punitive damages are less common in cases involving car accidents. This is especially true if the driver was not behaving in an exceedingly reckless manner.
The Claims Process
You can recover damages through a lawsuit against the other driver and/or their insurance company. This process entails a statement of demands and (usually) a negotiation process, which can end with a settlement. If not, then the case goes to trial, where a jury determines the level of fault and amount of compensation.
This process can take anywhere from a few months to several years, depending on the circumstances of the case. It is important to hire an experienced bicycle accident lawyer that can help you navigate every step of the litigation process. This will ensure you get the best possible outcome for your case.
Valuing a Bike Injury Claim
Besides the potential for punitive damages, determining a bike injury claim involves a breakdown of compensatory or “actual” damages. A prominent bicycle accident attorney can help you do a precise calculation. Here are a few main categories to consider.
Medical Expenses
The main consideration in valuing bike injury cases is medical expenses. These include treatment of injuries resulting from the crash. It can include long-term rehabilitation and care as well.
Ambulance and hospital admission costs are included in medical expenses. Payments for surgery, medication, and outpatient treatment are as well.
You also can include physical therapy and rehabilitation services in the claim. You can seek damages for psychological counseling related to the trauma incurred from the incident.
These expenses will of course vary depending on the severity of the crash. The most important thing you can do is to keep track of medical receipts, copayments, and other forms of proof of your payment for treatment.
Financial Losses
Another major variable in valuing bike injury cases is the economic impact it has had on you and your family. This includes income lost due to your inability to work after the accident. If bike accident injuries have diminished your earning potential, you can sue for such damages as well.
There are other types of financial damages you can seek as well. For instance, if your injuries prevent you from performing certain tasks, you are entitled to compensation. Common supplemental services include childcare and housekeeping.
If you used cycling for transportation, you can seek damages related to increased costs incurred due to your inability to bike. This can include expenses related to your own vehicle, as well as public transportation, taxis, Lyft, and Uber costs.
Intangible Damages
You have probably heard the term “pain and suffering” tossed around before. But you may not know exactly what it is.
That is because it is a very broad category that can be difficult to calculate. However, it is within the realm of damages for which you are owed compensation.
As mentioned, you can calculate costs for a psychiatrist under medical expenses. Yet this does not entirely encapsulate the entirety of the mental anguish or emotional distress you experienced as a result of the crash. This falls under the category of “pain and suffering.”
Disfigurement that does not necessarily cause impairment but changes your appearance is another example. You can seek damages for all these losses you experienced due to a driver’s negligence.
Comparative Fault
A final step in calculating a bike injury value is assessing “comparative fault.” This means the share of liability you have in contributing to the crash.
California is a “comparative fault” state. This means that you can be partly responsible for the crash while still seeking damages related to the other driver’s fault. The jury determines your percentage of negligence and deducts that amount from the total bike accident settlement.
Hiring Bicycle Accident Lawyer in Beverly Hills
Now that you understand the ins and outs of bicycle injury cases, you can decide how to proceed with yours. Remember, the best thing you can do is find a bicycle accident lawyer that can help you get the best possible outcome for your claim.
At Titan Law Firm, our team of highly knowledgeable and experienced lawyers can help you navigate the complex litigation process and properly value your case and help you understand how best to proceed. We can assess your claim and help advise you every step of the way. Reach out to us today for a free case evaluation or call 888.848.2656 today!
