The Nuts and Bolts of a Bicycle Accident Claim
In one way or another, all bicycle accident claims revolve around negligence, which is basically a lack of care. The specific kind of negligence in a bicycle accident case could be ordinary negligence (falling below the standard of reasonable care) or negligence per se (falling below the standard of legal care). Drowsy drivers usually violate the ordinary negligence principle. Drunk drivers usually violate the negligence per se rule.
Most bicycle accident claims eventually settle out of court. However, “eventually” is usually a very long time. As insurance companies drag their feet, many victims are tempted to settle their claims for pennies on the dollar. So, in addition to being a strong voice for victims, a Sugar Land bicycle accident lawyer is a cheerleader who encourages victims to hang in until the end, when maximum compensation is truly available.
Medical Attention
Usually, the foundation is the most important part of any structure. For a Missouri City personal injury lawyer, medical attention is the foundation of a legal claim.
In a bicycle accident claim, medical bills are generally the largest single category of damages. Property damage is usually negligible in these claims. Furthermore, the hospitalization costs, which usually exceed $4,000 per day, typically far exceed lost wages and other economic damages.
First and foremost, prompt and proper medical attention is essential for health and safety reasons. Many bicycle crash injuries, like head injuries, are difficult to diagnose and treat. Attorneys connect victims with specialized doctors. As a bonus, these doctors generally charge nothing upfront.
Additionally, prompt medical treatment strengthens a legal case. When victims immediately see doctors, their pain and suffering is more real.
Finally, proper medical treatment establishes the need for future medical expenses. If a settlement doesn’t account for these expenses, the victim is generally financially responsible for them. Once a case settles, it’s almost impossible to reopen.
The Claims Process
Strong foundations are good, but a builder, or a lawyer, must expand that foundation. Usually, the building process means filing a legal claim.
That’s not always the case. If key issues in the case, such as damages as mentioned above, are clear, the insurance company probably has a duty to settle the case within a few weeks. However, also as outlined above, these issues are usually muddy.
So, to prevent insurance companies from further delaying the settlement process, a Missouri City personal injury lawyer typically files legal paperwork. This paperwork usually asserts that the tortfeasor (negligent driver) caused the bicycle crash and inflicted damages upon the victim.
Generally, insurance company lawyers immediately file procedural motions. As long as that solid foundation is in place, the insurance company cannot easily blow the house down, and these motions fail.
Things immediately begin looking better for victims. During discovery, insurance companies must put all their cards face up on the table. So, they cannot conceal key evidence, like evidence that the tortfeasor was sleepy or distracted. As a result, a lawyer is in a stronger position when mediation begins.
This court-supervised settlement negotiation process is about 90 percent successful, meaning that most victims obtain maximum compensation without going to court.
Compensation in a bicycle accident claim usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Contact a Thorough Harris County Attorney
Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury attorney in Missouri City, contact the Henrietta Ezeoke Law Firm. The sooner you reach out to us, the sooner we start working for you.
