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Common Damages in a Bike Accident Claim

by | Jan 18, 2022 | Bicycle Accidents

Best COlorado Bicycle Accident Lawyers

Bicyclists Can Be Reimbursed for Damages in an Accident

Bicycle accidents in Colorado may result in life-threatening injuries requiring extensive medical care, physical rehabilitation, and time away from work. Suppose you have been injured in a motorcycle accident. In that case, you may be entitled to financial compensation for medical expenses and missed income and your pain and suffering, inconvenience, mental distress, and diminished quality of life.

After suffering catastrophic injuries in a motorcycle accident, your first focus should be receiving medical care and physically healing. Allow the experienced Denver bike accident attorneys at Warrior Bicycle Accident Lawyers, to handle the legal aspects of your case while you concentrate on your rehabilitation.

Our knowledgeable team of lawyers may be able to negotiate a settlement on your behalf with the at-fault party’s insurance carrier. If the insurance company refuses to make you a satisfactory settlement, our lawyers can fight your case and argue for you in a trial.

Medical Expenses

Medical expenses are one sort of economic loss. This is because they may be quantified in terms of dollars and cents by examining the wounded party’s medical expenditures. A victim of a Denver bicycle accident may be entitled to monetary compensation for the expenses of any medical appointments, physical therapy, and medical treatments directly linked to the bicycle accident and the injuries experienced in it. This is true even if the bike accident victim’s health insurance covered part or all of their medical care and expenditures.

Wages Suspended

Economic losses, like medical damages, include lost earnings. Bike accident victims may be entitled to collect lost wages for the period they were unable to work due to their accident. This does not cover time away from work for medical visits or physical therapy sessions.

Normally, to calculate lost pay damages, you would multiply the employee’s hourly salary by the number of hours or days absent from work. When workers are independent contractors rather than employees, calculating missed wages may become more challenging. An economist may design a method for assessing the bike accident victim’s lost pay in this scenario. They would examine the plaintiff’s employment history and anticipate their missed work based on annual wage data, hours worked, and previous job frequency.

Damages Caused by Pain and Suffering

Injury caused by a motorcycle accident may be severe and debilitating. Accident victims often need to endure significant medical procedures, treatments, and physical rehabilitation. The psychological distress associated with physical harm is compensable in the form of monetary damages.

In contrast to medical expenditures and lost earnings, pain and suffering losses cannot be quantified precisely. Several considerations that may affect compensation for pain and suffering include the following: • Whether your injuries and symptoms are permanent, and if they are, how long they are projected to last.

The duration of your healing period.

Whether your problems or symptoms are treatable, and if they are, how and when.

The extent to which medicine alleviates or eliminates your symptoms.

If you need any more medical treatments – including surgery – in the future.

Whether you can resume your pre-accident lifestyle and quality of life.

Your ability to engage in the same personal and professional activities that you did before the

accident.

Your life expectancy and the estimated duration of your symptoms.

How to Establish Pain and Suffering Damages in Motorcycle Accident Cases

Because there is no foolproof procedure for assessing pain and suffering damages, determining the amount in bike accident instances may often be challenging. In rare cases, your attorney may assess the need for a medical expert. An expert medical professional may be able to testify to the projected duration of your symptoms and whether or not you will need further medical treatments. Finally, an experienced medical specialist may be able to directly connect your injuries, symptoms, and  property damage to the motorcycle accident.

Earning Capacity Decreased

Occasionally, accident victims in Denver bike accidents have injuries that permanently impair their cognitive or physical capacities. Traumatic brain injuries, especially severe concussions, may result in permanent cognitive impairment. Broken bones, paralysis, and spinal cord injuries, to mention a few, may result in permanent physical disabilities. These lifelong injuries and limitations may develop when bike accident victims fall from their bikes and collide with the ground, directly striking their heads and bodies.

Often, these persistent injuries substantially influence an individual’s ability to work in the same profession – or at all. For instance, an employee may be required to resign from his or her present post and seek employment in a less physically demanding one. In other cases, the individual may be required to change positions or vocations entirely. These work changes can have significant financial consequences, which are fully compensable under the law.

While there is no precise method for calculating lost earning capacity, these losses are often computed by comparing a worker’s pay and position before the motorcycle accident to his or her salary and position after the accident. These damages are intended to repay an accident victim for lost future earnings due to having to change employment or positions due to the accident’s injuries. Economists and vocational rehabilitation specialists can often aid in determining damages for lost earning potential in a motorcycle accident lawsuit.

Statute of Limitations for Bicycle Accidents

If you are unfamiliar with the term statute of limitations,’ it refers to the period allowed to pursue or settle a civil action in court. If you fail to file a claim within the statute of limitations, you will be barred from pursuing reimbursement from the guilty party’s insurance carrier. In Colorado, you have two years from the date of your accident to file a lawsuit. Two years may seem like an extended period, and you may be inclined to delay contacting an attorney. We caution you against doing so since delaying may jeopardize your case. The evidence gathered at the site should be safeguarded, and your witnesses should be interrogated. After some time, your evidence may vanish, and your witnesses may forget critical information about the accident. Act soon after your accident to ensure that you stay on pace to complete everything on time.

How Shared Fault Compensation Is Calculated

In Colorado, modified comparative fault rules govern the amount of compensation you may get once your participation in the accident is considered. Compensation often comprises past and future medical expenditures, lost earnings, and pain and suffering. If your injuries are severe, you will often get more compensation. However, if you contributed to the accident’s cause, your payout may be reduced. If you were at fault for the majority of the accident, you would be denied compensation.

For instance, if you are more than 50% at blame, you will get nothing. If you are found to be 50% or less at blame, your compensation is decreased. A $10,000 reward becomes a $7,000 award if you are found 30% at fault. We make every effort to prevent you from receiving a lesser prize. Indeed, our primary objective is to get a complete and fair compensation judgment for you. The insurance company employs bullying techniques, but such efforts are rendered worthless when you get an attorney to defend you.

The Most Common Injuries Involved in Bicycle Accidents

Bicycle accidents are frightening since your body absorbs the whole force of the car and many individuals forget to wear their helmets. Due to bicycle accidents, severe head injuries, fractured bones, fractures, strains, scars, and deformities are not uncommon. Serious injuries such as nerve damage, concussion, spinal cord injury, and paralysis are also possible. We will emphasize how critical it is that you seek medical assistance immediately to treat your injuries. This is the single most critical thing you can do for yourself after your injury.

Consultation with the Insurance Company of the Liable Party

You certainly do not want to speak with the guilty party’s insurance company. They will contact you quickly after your accident to get an audio recording of your statement. It is not unusual for them to contact you while you are still in the hospital, maybe on pain medication that impairs your mental abilities. They are aware of this. Their objective is to safeguard their bottom line. They are not interested in losing money on your case, and when you agree to give them a recorded statement, they will use any means possible against you. You mustn’t accept the call. You are under no legal obligation to speak with them. There is no need to do so, and if you are persuaded to do so, you risk jeopardizing your chances of receiving full and fair compensation. All it takes is for you to say one thing incorrectly, and they will have ammo against you.

Frequently Asked Questions About Bicycle Accidents What should I do if I am a victim of a bicycle accident?

Following a bicycle accident, various steps must be taken to ensure you have a strong claim. To begin, you must ensure that the accident is correctly reported. This indicates that the accident should be reported to the police department or the local sheriff’s office. Additionally, it is critical to get emergency medical assistance. If you are injured, get medical attention immediately.

Additionally, you must follow up with your family physician or another physician of your choosing since you may have injuries that were left untreated at the hospital and need emergency treatment.

Additionally, it is critical to get the services of a knowledgeable lawyer about this sort of event, as they can ensure that everything is handled expeditiously. Additional research may be necessary to get surveillance recordings of the region. A search of the area where the accident occurred may be necessary. They may need to check the bicycle to see whether it was equipped with reflector lights or any issues, so it must be kept. Additionally, an expert may need to be engaged to do additional research and investigations. All of this is critical. We are here to assist you if you have any questions.

Which errors should I avoid after a bicycle accident?

One of the most frequent errors we see individuals make after a bicycle collision is failing to contact 911 to report it. This is critical to preserve evidence for subsequent use and to keep that paperwork on file. Another common error we notice is that they fail to get witness information, if any, that is necessary for your case to argue more effectively for you. Another typical error we notice is that they do not seek legal guidance and contact personal injury lawyers.

How do I choose the best bicycle accident attorney for my claim?

The other day, a family came into the office to discuss a bicycle accident that included one of their family members. We advised them that there are four factors they should consider while deciding on the best lawyer to employ. They should address the following questions to each lawyer. They should enquire as to whether the lawyer is a personal injury trial lawyer. To put it another way, is the attorney a personal injury attorney? Is he able to handle situations other than personal injury? He ought not to. We do not deal with divorces, bankruptcies, or criminal matters; instead, we concentrate on personal harm.

The next question is if he is a trial lawyer. That means he appears in court, before a judge and a jury, and fights the defense. That is when an insurance company will act unjustly against you. The third factor to consider is whether he has had experience handling similar matters and whether he has won them and gotten favorable results for his clients.

Finally, determine whether or not the attorney is board certified. Certification identifies you as one of the top three percent of attorneys practicing in this field of law. In other words, the state of Colorado has acknowledged him. If you have any queries in those areas, we would be delighted to assist you. Kindly contact our office.

What distinguishes a bicycle accident claim from a car accident claim?

First, the number of injuries sustained by someone may be substantially more since they will not have the normal protection afforded by being in a car. I had a young guy come in the other day who had been involved in a bicycle accident, and one of the concerns he had was how this sort of accident was different from others. They’re also distinct in that juries are more likely to place blame on the bicycle rider, which is why it’s critical to get an experienced attorney to ensure that your rights are protected. The jury sees the complete picture if the case proceeds to trial.

Is my insurance going to pay the costs of my bicycle accident injuries?

We had a customer come in the other day who wanted to know whether car plans cover bicycle accidents. The answer is that it is situational. Each insurance policy is unique. Generally, though, we observe that bicycle accidents are covered by insurance plans, particularly if you have what’s called PIP – personal injury protection – as part of your policy. It’s always helpful to get it if you don’t already have it. It is usually recommended.

Additionally, you must contact an attorney immediately, preferably one who specializes in personal injury. Please get in touch with us if you have any other questions or issues.

Should I contact my insurance company after a bicycle accident?

We had a customer come in the other day whose kid had been involved in a serious bicycle accident, and they wanted to know whether they should answer the insurance companies’ calls. No, this is our response to you. Avoid communicating with insurance firms. They are not there to assist or benefit you. They are there to safeguard whoever is covered. As a result, each comment you make will be recorded and used against you in the future. We recommend that you immediately call a personal injury attorney and instruct insurance companies to contact your attorney directly.

How long would it take to resolve my bicycle accident case?

In Colorado, the severity of a bicycle accident claim is determined by the extent of the victim’s injuries.  If the individual had just minor injuries, the matter might take around a year and a half to conclude. If the individual were seriously injured, it would almost certainly take longer. The damage, how fast you recuperate, and whether or not the insurance provider is being fair to you will all be considered. If the insurance company is not being fair to you, we must pursue the suit. When we file a suit, we must consider the court’s docket, and then the court assigns us.

What is the value of my bicycle accident claim?

When determining the worth of a bicycle accident claim, we’re going to consider how and why the accident occurred. Is the accident believed to have occurred during the day? Was it throughout the night? We’re going to look at a few more items. For instance, if you’re riding a bicycle, were your reflector lights turned on? Did you have a light on? Were you wearing luminous items, such as clothing that someone might readily see?

We’re going to look at from the driver’s viewpoint whether they were texting while driving. Were they on the phone? Did a passenger divert them in the car? Were they diverted by the presence of a dog in the car? All of these are considerations that must be considered while determining the bicycle case’s worth.

Finally, we’ll need to determine what sort of car collided with the bicycle. Was that a tractor-trailer? Was it a car? Was it a bus or a trash truck that struck you? We’re going to consider many factors, and each of them affects the case’s worth since each of them is subject to unique restrictions.

Finally, the cost of insurance is determined by the kind of car that struck the bicycle.

Contact a Denver, Colorado Bike Accident Lawyer Today to Discuss Your Personal Injury Case

Bicycles are in no way comparable to motor vehicles. Consequently, when a motor car collides with a bicycle on a Denver, Colorado highway, the outcomes may be disastrous, if not fatal.

Suppose the accident victim dies due to the bike accident. In that case, the accident victim’s surviving relatives may be entitled to establish an estate and collect damages on behalf of the estate via a wrongful death claim.

If you are involved in a motorcycle accident and receive injuries, the insurance company is never on your side. Indeed, the insurance company will make every effort to minimize or reduce the number of damages required to pay in a personal injury lawsuit.

Warrior Bicycle Accident Lawyers’s expert Denver, Colorado bike accident attorneys, are prepared to take on the insurance company and ensure that you get all of the monetary damages to which you have entitled the law. To book a free consultation and case review with a Denver bike accident lawyer, call 719-300-1100 or email us.

Warrior Car Accident Lawyers

1902 W. Colorado Ave., Suite 100

Colorado Springs, CO 80904

719-300-1100

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