When a bike and a car collide, the bicyclist takes the brunt of the damage. Most cyclists have minimum protection aside from a helmet. Because of this, cyclists often suffer catastrophic injuries in crashes. If you have been hurt, an experienced Lebanon bicycle accident lawyer can help you recover fair compensation from the liable party.
At the law firm of Vaughan & Vaughan, we have a long history of helping our clients recover the money they need and deserve. We have been representing injury victims in Indiana for over 100 years. Contact us today by phone or through our website to schedule a free case review with one of our Lebanon personal injury lawyers.
The Most Commonly Recovered Damages in Bicycle Accident Cases
Following a bicycle accident resulting in serious injuries, you will likely be eligible to pursue several types of damages. To recover the full value to which you are entitled, it is critical that you identify all the various damages that apply to your case. Doing so on your own can be challenging. However, an experienced attorney can help.
All the damages available following an accident are divided into three primary categories.
Every loss you suffer as a result of your bicycle accident that hurts you financially is considered to belong in the category of economic damages. Calculating the value of these losses tends to be fairly straightforward since they are all monetary in nature. The economic damages most frequently recovered in bicycle accident cases typically include:
- Lost wages
- Diminished earning ability
- Medical expenses
- Future medical costs
- Property damage
- Money spent to accomplish daily tasks you can no longer perform yourself
All other losses caused by your bicycle accident are sorted into the category of non-economic damages. Since these damages are not monetary in nature, assigning a number to these losses can be challenging. The non-economic damages most frequently recovered in bicycle accident cases typically include:
- Pain and suffering
- Emotional distress
- Mental anguish
- Permanent disability
- Loss of companionship
- Loss of consortium
- Decreased quality of life
Punitive damages are vastly different from the compensatory damages reviewed above. Rather than replacing losses incurred by the accident victim, punitive damages are meant to serve as a punishment for the liable party for the role they played in causing the accident.
The court only assesses punitive damages in the most extreme cases. To be eligible to collect punitive damages, the at-fault party in your case must have been criminally negligent or acted with the intention of causing harm.
Actions a Bike Accident Lawyer in Lebanon Will Take on Your Behalf
When you hire a Lebanon bicycle accident attorney to help you recover compensation after a crash, they will take various actions on your behalf. The first action you can expect your lawyer to take will be to investigate your accident with the aim of collecting evidence and proving the liability of another party.
After concluding their initial investigation, your lawyer will assess the damages you have suffered and calculate the full value of your claim. Your attorney will then go through the process of filing and pursuing an insurance claim or a personal injury lawsuit.
If you are attempting to recover compensation by means of a lawsuit, your attorney will go through all the steps of the pre-trial process before representing you at trial, if necessary. However, the majority of bicycle accident cases never make it to court. This is because your lawyer will be in ongoing negotiation with the opposition, attempting to reach a settlement deal.
Benefits of Settling Out of Court
Although there is the potential to recover more money through a court ruling than you will recover in a settlement deal, the extra money you could receive is unlikely to be worth the risk of walking away with nothing. Concluding your case through a settlement provides the further benefit of getting the money you need far quicker than if your case went to court.
One of the reasons settlements are so common is that in addition to benefiting the injury victim, they also tend to be in the best interest of the defendant. A settlement means the defendant will pay far less in legal fees and avoid any potential press coverage that may accompany a trial.
While it is most likely that your case will be resolved through a settlement deal, there is always the chance that you will be unable to come to terms with the at-fault party, necessitating a trial. Because of this, it is critical that you hire an attorney with experience in the courtroom and a history of winning cases through litigation.
File Your Bicycle Accident Lawsuit Before the Statute of Limitations Deadline
When attempting to secure damages following a bicycle accident, you must pay attention to the personal injury statute of limitation in the state where your accident occurred. In Indiana, accident victims are generally permitted to take legal action for two years. If you miss this filing deadline, you will likely lose your ability to recover compensation from the liable party.
Typically, the statute of limitations is going to provide a firm deadline for your case. However, there are exceptions that could apply to your situation that would allow you to file well after the standard cutoff date. Alternatively, you could find that the details of your accident place further limitations upon the amount of time you have to file.
Hiring an experienced Lebanon bicycle accident lawyer shortly after a crash is the best way to ensure that you don’t find yourself in trouble because of an unexpected filing deadline. Your lawyer will ensure all your paperwork is completed and filed well before the due date.
Reach Out to an Experienced Lebanon, IN, Bicycle Accident Attorney Today
It is critical that you choose a lawyer with a long history of securing favorable compensation for their clients when pursuing damages after a bicycle accident. At Vaughan & Vaughan, our case results speak for themselves.
Contact us today by phone or through our website to schedule a free case consultation with an experienced bicycle accident attorney serving Lebanon.