As most cyclists know, motorists are sometimes inattentive and fail to respect the rights of others who share the road. And because bicycles are smaller and offer the rider less protection than cars and trucks, accidents between motor vehicles and bicycles often result in severe and long-lasting injuries.
Our attorneys at Isaacs & Isaacs Personal Injury Lawyers know how to handle special circumstances and acts of negligence that contribute to bicyclists’ personal injury or wrongful death claims. We have over 400 years of combined legal experience and have recovered $1 billion in settlements for our clients.
Recoverable Damages You Could Secure for Your Accident-Related Losses
Depending on the claim you file, the losses you have incurred, and other factors involved in your case, you could recover compensation for the following losses:
- Property damage
- Loss of past, present, or future wages due to time off work
- Medical bills, including ambulance services, emergency care, hospitalization, surgery, prescription drugs, rehab, therapy, etc.
- Physical pain and suffering
- Scarring and disfigurement
- Permanent disability
- Emotional anguish
- Loss of consortium
- Loss of life enjoyment
For a free legal consultation with a bicycle accidents lawyer serving Goshen, call 800-333-9999
Our Team Will Valuate Your Bicycle Accident Case-Related Losses
The value of a personal injury case depends on several factors unique to the victim’s circumstances. These factors can impact the monetary value of a claim and the likelihood it will be settled before a trial.
Notably, two of the most influential factors include the victim’s severity of injuries and the defendant’s liability:
Severity of Injuries
Personal injury claims involving severe injuries, such as brain damage, paralysis, or limb loss, often lead to higher compensation. Injury severity is typically based, in large part, on the medical appointments required for treatment and whether hospitalization or surgery is necessary.
If specialty medical treatment is necessitated, a claimant could recover more monetary losses.
Certainty of Liability
Another factor insurers consider when negotiating settlements is the certainty of liability. This is a determination as to whether the insurance carrier is legally obligated to pay for the accident victim’s losses and to what extent. If legal liability is relatively straightforward, the insurer is more likely to agree to settle for a higher amount of compensation.
Conversely, if fault is dubious, the insurer may offer less in a settlement. IN Code § 34-51-2-5 imposes the principle of modified comparative negligence, in which the claimant must be less than 51 percent at fault for the accident to file an injury claim. Recovery will also be reduced in proportion to each party’s contribution to negligence.
Goshen Bicycle Accident Lawyer Near Me 800-333-9999
Bicycle Accident Causes and Injuries That Could Qualify You for Damages
Bicycle accidents can be caused by motorists. These motorists might have done the following:
- Failed to check blind spots before lane changes
- Made turns in front of an approaching cyclist
- “Doored” or opening a door in front of a cyclist
- Sideswiped a rider traveling on the shoulder
- Failed to yield or stop
- Drove while intoxicated
- Drove while distracted
- Failed to account for inclement weather conditions
Bike accidents might only cause minor cuts and bruises or severe, traumatic, and potentially irreversible bodily damage. These could include the following:
- Lacerations and soft tissue injuries
- Abrasions and road rash
- Broken bones
- Punctured lung
- Neck, back, and spinal cord injuries
- Concussions and head and brain injuries
- Internal bleeding
- Organ damage
Regardless of the circumstances surrounding your bike accident, we are equipped to handle your claim and will work to secure compensation for the injury-related damages you’ve suffered.
What To Expect From the Bicycle Accident Claim Process
You might be unfamiliar with how a case involving a bicycle accident might progress. However, we are here to support you until you get the damages you need.
Step 1: Accident Investigation
An accident investigation is the first step in any personal injury case, including those involving a bicycle. We begin by obtaining a police report, collecting photos or surveillance video of the crash scene, and talking to any eyewitnesses.
Next, we work to establish fault early in the process and continue building your case by securing medical records, income statements, and any other information or evidence pertinent to your legal arguments.
Step 2: Building a Solid Claim
Building an injury claim is often the most time-consuming part of the process. During this time, your medical treatment will continue until your doctor has determined you’ve reached maximum medical improvement.
This means that you cannot reasonably be expected to recover from your injuries any more than you already have. At this point, we can compile a comprehensive account of your medical history related to injuries you suffered in your accident.
Step 3: Settlement Negotiation
Once your injuries have been treated and medical records have been collected, your bicycle accident attorney will send a demand letter to the liable party’s insurer. This letter will include a request for a monetary amount calculated by your lawyer that provides for all the economic and intangible damages you’ve incurred.
The insurer will likely respond with a counteroffer, and negotiations with your attorney will begin. If a fair settlement cannot be agreed upon, you will have the option to file a lawsuit.
Step 4: Taking Your Claim to Court, If Necessary
If you decide to file a lawsuit, the litigation process will likely take a significant amount of time, perhaps months or years. However, even if you initiate a legal claim, a settlement is still possible at any time up to and including during the trial.
Taking your case to court shows the insurance company and liable party you mean business and that they should take you seriously. Even the threat of a lawsuit may be enough in some cases to get the insurer to back down if they think they will lose time and money in the process.
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Don’t Delay: Let Our Bicycle Accident Attorney Serving Goshen Get Started
When a bicycle accident occurs, time is of the essence in gathering evidence and interviewing eyewitnesses to build a solid personal injury case. When we begin representing you as a client, we will promptly and thoroughly investigate the scene and the circumstances of your accident.
Although some exceptions may apply, the statute of limitations (the legal deadline to file a lawsuit) for a personal injury is two years in Indiana under IC § 34-11-2-4. We can file your lawsuit on time, and ensure all other deadlines during the process are met.
Schedule a Free Consultation With a Goshen Bicycle Accident Team Today
If you’ve been injured in a bike accident, our attorneys are here to help. We can go toe-to-toe with insurers and their legal teams and fight for your rights and best interests. Contact us at Isaacs & Isaacs Personal Injury Lawyers for a free and confidential case review.