Baltimore Bicycle Accident Lawyer can help you recover compensation for your injuries. This includes medical treatment costs, lost income, and other financial damages.
A lawyer can also help you build a strong legal case. This includes proving liability and demonstrating your damages. A lawyer can also handle communications with the insurance company.
In a bike accident, several parties may be liable for an injured cyclist’s medical expenses, lost wages, pain, and suffering. A bicycle accident lawyer can help an injured victim identify and pursue liable parties for their losses.
When determining liability, it’s important to gather evidence at the accident scene, such as skid marks, photos of the scene, witness contact information and your recollection of what happened. A skilled bicycle accident lawyer will know how to use this evidence to build a strong case.
It’s also necessary to demonstrate that the defendant owed a duty of care to the plaintiff and that the defendant breached that duty of care. The plaintiff must also demonstrate that the breach of duty caused their injuries. For example, a motorist opening their door in front of a cyclist can cause serious injuries.
After gathering evidence, the bicycle accident lawyer will send a demand letter to the at-fault party’s insurance company. This begins the process of filing a personal injury claim for compensation. The bicycle accident attorney will handle all communication with the insurer, which helps to prevent them from taking advantage of an injured cyclist.
Many injured bike accident victims are hesitant to pursue legal action because they feel partly responsible for the crash. However, a skilled attorney can often argue that even a small amount of fault on the part of a cyclist is not enough to offset the full amount of damages awarded. This is especially true in jurisdictions that follow comparative negligence rules. For instance, in New York City, a cyclist who is found to be 30% at fault for a collision will only receive 70% of the total award amount.
Damages
A bike accident victim can claim various types of damages. These include medical costs, lost wages and property damage. They can also seek compensation for pain and suffering. In addition to these, there are punitive damages that can be awarded in cases involving extreme recklessness or egregiousness.
The first step in pursuing compensation for your losses is to document them. This includes copies of your medical records. Your insurance may cover some of these expenses. Additionally, some auto insurance policies offer personal injury protection (PIP) and medical payments coverage that can help pay for your treatment.
Your bicycle accident lawyer can review your medical records to determine what the cost of your treatment will be. They can also request copies of any other documentation related to your accident, such as police reports and witness statements. This helps prove your case to the insurer and demonstrates the full extent of your injuries and losses.
It is important to remember that the other party’s insurer wants to settle your case quickly and for as little money as possible. Your attorney can negotiate with the insurer on your behalf and ensure that you get the maximum amount of compensation available.
Another type of financial compensation you can receive is loss of future earning capacity. This is intended to reimburse you for the income you would have been able to earn in the future but for your injuries. The court will consider your training, talent, occupation, years of experience, and life expectancy when estimating this figure.
You can also receive compensation for the cost of repairing or replacing your bicycle. Your bike can be damaged in a crash or it might be stolen. Your attorney can provide you with receipts or documents from a trusted bicycle repair shop to prove this claim.
Expert Witnesses
Expert witnesses are professionals with specialized knowledge in the subject of your case. They can provide unbiased legal testimony that will strengthen your claims. Expert witnesses may include accident reconstruction specialists, medical professionals, and engineers. They can explain the details of the accident in terms that are easy for a judge or jury to understand.
An accident reconstruction expert uses forensic analysis to determine how the accident happened. By examining skid marks, damage to vehicles, road conditions and eyewitness testimonies, they can recreate the circumstances surrounding the incident. These experts can also help in determining which parties are at fault for the accident.
Physicians can testify about the victim’s injuries and their long-term prognosis. They can also help calculate the amount of compensation the victim will need to cover ongoing treatment and care. Vocational and economic experts can provide data regarding lost wages, future earning capacity, and other financial losses resulting from the accident.
Psychological experts can testify about the emotional and psychological impact of the injury. They can also describe any ongoing symptoms, such as chronic anxiety or post-traumatic stress disorder, that the victim is experiencing. Expert witness testimony can have a profound effect on the outcome of your case, especially if it is backed by reliable evidence.
Your lawyer will work diligently to ensure that all witness accounts are consistent and aligned with the facts of your claim. He or she will cross-reference witness statements and address discrepancies proactively. This will prevent the defense from exploiting weaknesses in your case and reducing the overall credibility of your arguments. In addition, your bicycle accident attorney will help you select the best witness for your case.
Out-of-Court Settlements
In a bike accident, there are several ways for victims to get the financial recovery they deserve. The most common is an out-of-court settlement. This is the agreement reached outside of court between the victim and the liable party, and it can cover all types of damages including medical costs, lost wages, and pain and suffering.
If you decide to settle out of court, it’s important to have your lawyer by your side to protect you against insurance company tactics. Your lawyer will be able to negotiate with the insurance company to make sure you receive a fair settlement. They will also work with experts to determine the cost of your medical bills and future care, as well as the value of your loss of abilities.
When you have an experienced bicycle accident attorney, they can help you avoid common traps that insurers use to lower your compensation. These include questioning your involvement in the crash, arguing that you broke traffic laws or were otherwise negligent, and downplaying your injuries.
You’ll need to have proof of your special damages, such as receipts and documentation of medical expenses. You may be unable to prove your general damages, however, as they don’t have a clear value like bills and receipts. This is where having a good attorney comes in handy, as they will know how to calculate these damages using a specific formula.
Most accidents are not black and white, meaning that one party is responsible for the accident. Georgia’s comparative negligence law allows you to recover compensation even if you are partially at fault for the accident. Your attorney can explain how this works and guide you through the process.
Filing a Lawsuit
After a bike accident, victims may face expensive medical bills and loss of wages. Compensation recovered through a lawsuit can offset these costs. Additionally, non-economic damages such as pain and suffering can help victims reclaim their lives following the crash.
A bicycle accident lawyer will investigate the cause of your accident and determine if the defendant is liable. They will look at factors such as skid marks, damage to the vehicles involved, witness statements, and other evidence to determine fault. They will also review the police report, which provides an official account of the incident and an indication of who was at fault.
They will then gather evidence such as medical records, receipts for all treatments, and documents showing how the injury has affected your life. In addition, they will collect documentation of any lost income and property damage incurred as a result of the accident.
In some cases, a bicycle accident lawyer will advise seeking an out-of-court settlement. This involves negotiating with the at-fault individual’s insurance company to secure a sum of compensatory damages appropriate to your case. This is a faster and less costly option than taking the case to court. However, it is important to note that once you accept an out-of-court settlement, you typically waive your right to sue the person responsible for your injuries in the future.
Additionally, you should be confident that the amount of compensation you receive adequately covers your damages, as once an agreement is reached, it can be difficult to increase your award. A seasoned attorney at Shaevitz & Shaevitz Law Offices can help you ensure that the insurance company does not one-sidedly decide your monetary award.
