Following a bicycle accident, there are several types of compensation a casualty is able to receive if they win a bicycle accident claim. These types of compensation are categorized into two major groups. The first one is Special damages, which covers all the financial losses suffered by the casualty during the accident. General damages, on the other hand, account for non-quantifiable damages suffered during and after the accident. If you are a victim of a bicycle accident and suffering from severe injuries, you will have to claim for compensation in a personal injury lawsuit. In order for you to achieve this, you need to apply legal measures to protect your rights.
This category of compensations is also referred to as economic damages. It helps to recompense victims for the costs incurred during and after the bicycle accident. Economic damages are the primary type of financial compensations given to victims of bicycle accident since their costs are manifest of tangible impact compared to general damages. Basically, special damages include medical bills, lost wages and earning potential, and property damages.
These compensations are also known as non-economic damages. They are damages aimed to compensate casualties on intangible injuries such as mental, emotions, or psychosocial harm originating from the bicycle accident. Some of the damages under general damages include; pain and suffering, loss of affection or companionship, loss of enjoyment of life, and emotional distress. General damages are meant to help those bicyclists who may as a result of the accident never recover their normal life.
For you to receive compensation from the responsible party, you are required to prove beyond reasonable doubt that it’s their recklessness, deliberate action or negligence that directly led to the injuries you suffered. Some of the possible ways you can achieve this is by using;
- Witness accounts
- Video evidence
- Police and medical reports
- Expert testimony
If you or your loved one has been seriously injured as a result of a bicycle accident and you believe that the accident was caused by the other party, contact the Los Angeles Personal Injury Attorney at 424-231-2013. We serve the greater Los Angeles, with vast experience in legal matters. We understand the different forms of compensation that bicycle accident victims are eligible to as a recovery for injuries suffered during and after an accident. Our primary duty is to ensure that you understand all these potential damages when you schedule for a free initial consultation. At Los Angeles Personal Injury Attorney, we are dedicated to helping our clients win their claims in personal injury lawsuits. Our qualified bicycle accident lawyers are able to investigate your case and assemble all the relevant information to be used to support your compensation claims.
Types of Compensation You May Receive For Damages Incurred After a Bicycle Accident
Past and future medical and rehabilitation expenses
When you are involved in a bicycle accident, you are likely to sustain severe injuries due to the nature of the accident. The accident may result in minor cuts, bruises, or severe issues like paralysis or even lasting disability. Either way, you must seek medical attention to get examined as soon as possible after the accident. This is to make sure that any injuries that are not physical such as internal bleeding are taken care of. Under this compensation, you can be able to recover all the medical expenses following the bicycle accident. Basically, this covers expenses such as hospital bills, costs of prescription drugs, rehabilitative therapy, and other medical costs. Through the help of your attorney, doctors, and other healthcare experts you will be able to calculate your medicals costs before claiming for compensation. Furthermore, they are in a position of projecting future medical expenses in case you have not fully recovered at the time of filing the claim in a personal injury lawsuit. On the other hand, if it is evident that the accident led to the death of your family member, then you can claim for both wrongful death and any other medical expenses incurred from the time of the accident to the time of death.
Lost wages and earning potential
If you are not fit to get back to work after the bicycle accident, you may be entitled to compensation for lost income up to the moment of the settlement or hearing. Apart from being compensated for lost wages, you can also be recompensed for lost benefit, for instance, health and retirement. In case there is any sign of permanent disability that might be witnessed in the future after the hearing, it’s important to make sure all the benefits and income lost is properly estimated into the future. This is because most bicycle accidents end up affecting victims’ earning ability whenever they are severely injured.
Serious injuries can deny one the opportunity of carrying on with their daily activities. Much time could be lost at the hospital, on mobility issues, or physical therapy sessions. For persons who were under employment, receiving this compensation can be easier compared to unemployed or self-employed individuals. If you were self-employed, you will be required to provide a proof to the jury demonstrating that you would have been earning for all that period lost. Compensations for lost income are estimated from the time you were injured as a result of the bicycle accident to the time of settlement. However, you may be entitled to receiving compensation in the future if the injuries are so severe that threatens your future earnings. In this case, there are a number of factors that are used to determine whether you qualify for the compensation of future income; this includes your life expectancy, experience, health condition, age, occupation, skills, talent, and training. Your previous earnings could also be used to estimate the required amount you can receive if the injuries threaten your future income. These damages are meant to recover what you could earn if the bicycle accident had not occurred.
Pain and suffering
Injuries from bicycle accidents usually result in excessive pain and suffering. These damages are received by those victims who suffered and there is a possibility of continued suffering either physical or mental pain following a bicycle crash. This type of compensation is normally focused on the severity of the injury, pain, and projection of any future pain that could be experienced resulting from the bicycle accident. The success of this claim is based on the preparedness of your lawyer. Your attorney must collect all the necessary documentation illustrating the degree of your pain, the length of time you suffered, and any other losses incurred in order to come up with a strong case. There are several kinds of pain and suffering that can be featured when claiming for this compensation and this include:
- Mental and emotional suffering
- Your professional reputation as the plaintiff, in case of severe disfigurement
- Possibility of injuries worsening
The biggest challenge about these damages lies on the fact that it’s not easy to quantify them and thus making it hard to negotiate for claims. In addition, you cannot tell exactly the intensity of someone’s pain and suffering.
Loss of enjoyment of life
It is obvious that serious injuries can stop you from participating in sports, interests and other recreational activities that you used to take part. Likewise, a severe injury suffered as a result of bicycle accident might hinder you from getting the fulfillment or pleasure you usually got from partaking certain intellectual sessions. Losing the ability to participate in both physical and mental activities can seriously affect your way of life. As such, you won’t be able to experience the pleasure you used to before the accident happened. This loss can be compensated through an award of economic damages in your personal damage claim. It is impossible to tell the amount of compensation one can receive as it is greatly dependent on the discretion of the judges. However, you can consult your family members to find out what they could demand if they were in the same situation. Most importantly, seek the intervention of an experienced LA personal injury lawyer who can advise you on the reasonable value of damages you are likely to get.
In a personal injury claim, emotional distress damages are meant to recompense a bicycle accident plaintiff for psychological issues the injuries may have impacted on their day to day life. There are many signs that prove one is emotionally distressed. Some of this may include anxiety, fear, and loss of sleep. This type of damages is extremely subjective and literally changes from one individual to another. For this reason, it is important to take note of all the psychological symptoms immediately after the bicycle accident. Make sure that you let you doctor know of any signs of psychological impairment so that they can document it. The medical documentation of emotional distress is highly important as you can use it in a personal injury lawsuit. You can still use the same information when claiming for compensation from your insurance company. Another way of collecting evidence is by keeping a daily record of how you feel ever since you suffered injuries originating from the accident. You can do this in a personal diary or daily journal.
Under this type of compensation, you have the right to claim reimbursements in case your personal items were destroyed during the accident. Some of the items that you are likely to include in your claim are things such as cycling helmet, clothing items, and any other extra attachments that may have been on your bicycle at the time of the accident. In the event that the cost of repairing your bicycle is below its value before the accident, then you have the right to claim the repair costs. However, if the cost of repairing your bike is more than the value of your bike before the incident took place or your bicycle was damaged beyond repair, then you will claim damages equivalent to the worthiness of your bicycle before the accident occurred. For you to receive this compensation, you are required to present proper paperwork and documented estimates from a recognized bicycle shop. You should take your bicycle to an expert to examine the extent to which it was damaged and help you determine the market value. Here, you will be able to make estimates such as:
- The value of the bike in the condition it was immediately prior to the accident-Make sure that what is captured in the appraisal is equivalent to the current state of your bicycle, in terms of model and year. If you are having issues with identifying your brand, seek help from shops that deal with used bicycles.
- Repair costs of the bicycle- you must get these estimates regardless of whether your bicycle can be repaired or it’s beyond repair.
- The value of the bicycle in the condition it was in immediately after the accident- in most cases, this value is normally low unless you attached extra components on your bike.
These damages are granted in a personal injury lawsuit as compensation to the plaintiff for definite damages incurred after a bicycle accident. In addition, punitive damages are meant to reprimand an offender whose misconduct contributed to the injuries suffered. However, this kind of damages is only obtainable when the plaintiff provides concrete evidence proving the defendant guilty of either gross negligence or delinquency.
If you've been involved in a bicycle accident, don’t hesitate to call us at 424-231-2013. At Los Angeles Personal Injury Attorney, we will help you calculate the value of your case through our free case evaluation. Our attorneys clearly understand the manner in which claims related to bicycle accidents are handled. Contact us to schedule a free and confidential consultation with an experienced lawyer in matters concerning to bicycle accident. We have been able to successfully handle bicycle accident cases on behalf of our clients. Give us the opportunity to fight for you while you focus on recovery.