Damages Bicyclists Can be Compensated for in an Accident
Florida bike accidents can result in very serious injuries that require long periods of medical treatment, physical therapy and missed time from work. If you have sustained injuries in a bike accident, you may be able to recover monetary compensation – not only for your medical costs and lost wages, but also for your pain and suffering, inconvenience, emotional distress, and lost quality of life.
Your most important priorities after sustaining serious injuries in a bike accident should be seeking medical treatment and recovering physically. You should let the knowledgeable Clearwater bike accident lawyers at Dolman Law Group Accident Injury Lawyers, PA handle the legal end of your case, while you focus on your recovery.
Our experienced team of attorneys may be able to negotiate a settlement with at-fault party’s insurance company on your behalf. If the insurance company refuses to offer you favorable compensation to settle your case, our attorneys can litigate your case through the court system and advocate for you at trial.
Medical damages are a type of economic damage. This is because they can be calculated in dollars and cents, simply by looking at the injured person’s medical bills. A Clearwater bicycle accident victim may be able to recover monetary compensation for the costs of all medical visits, physical therapy, and medical procedures, which are causally related to the bike accident and the injuries sustained therein. This is true even if health insurance paid for some or all of the bike accident victim’s medical treatment and bills.
Like medical damages, lost wages are a type of economic damage. Bike accident victims may be able to recover lost wage compensation for the time they missed from work following their accident. This includes time missed from work for attending medical appointments and physical therapy sessions.
To calculate lost wage damages, you would ordinarily take the employee’s hourly wage and multiply this amount by the number of hours or days missed from work. When workers are independent contractors, as opposed to employees, lost wage calculations can become more difficult. In this instance, an economist may be able to develop of formula for calculating the bike accident victim’s lost wages. They would look at the plaintiff’s history of work and be able to forecast what work they could have missed based off of yearly salary data, hours worked, and past frequency of jobs.
Pain and Suffering Damages
Injuries that are sustained in a bike accident can be serious and debilitating. Accident victims must sometimes undergo serious and painful medical procedures, treatments, and physical therapy. The trauma of pain and suffering that accompanies a physical injury is compensable in the form of monetary damages.
Unlike medical bills and lost wages, pain and suffering damages cannot be calculated using an exact formula. Some factors which may contribute to compensation for pain and suffering include:
- Whether your injuries and symptoms are permanent, and if so, how long they are expected to continue.
- The length of your recovery time.
- Whether or not your conditions or symptoms can be alleviated, and if so, how and when.
- Whether medication relieves or eliminates your symptoms.
- If you need any future medical procedures – including surgeries.
- Whether you can maintain the same lifestyle and quality of life that you had before the accident.
- Whether you are able to take part in the same personal and professional activities as you could before the accident.
- Your life expectancy and the amount of time that your symptoms are expected to continue.
Proving Pain and Suffering Damages in Bike Accident Cases
Because there is no surefire method of calculating pain and suffering damages, the amount can sometimes be difficult to determine in bike accident cases. In some instances, your attorney may determine a medical expert is necessary. An expert medical provider may be able to testify about how long your symptoms are expected to last and whether or not you will require any future medical procedures. Finally, an expert medical provider may be able to causally relate your injuries, symptoms, and damages to the bike accident.
Lost Earning Capacity
Sometimes in Clearwater bike accidents, accident victims sustain injuries which permanently impair their cognitive or physical abilities. Permanent cognitive limitations can stem from traumatic brain injuries, including severe concussions. Permanent physical limitations can result from broken bones, paralysis, or spinal cord injuries, to name a few. These permanent injuries and impairments can occur when bike accident victims fall from their bikes and strike their heads and bodies directly on the ground.
Many times, these permanent injuries can significantly impact a person’s ability to work at the same job – or to work at all. For example, an employee may need to leave his or her current position and work at a less physically demanding job. In other instances, the employee may need to switch jobs or careers altogether. These job changes can have serious financial ramifications, which are fully compensable under the law.
Although there isn’t an exact formula for determining lost earning capacity, these damages are sometimes calculated by comparing a worker’s salary before the bike accident to his or her salary and position following the accident. These damages are put in place to compensate an accident victim for lower future earnings, resulting from having to change jobs or positions due to injuries sustained in the accident. Economists and vocational rehabilitation experts can often assist with calculating damages for lost earning capacity in a bike accident case.
Call a Clearwater, Florida Bike Accident Lawyer Today to Discuss Potential Damages in Your Personal Injury Case
Bicycles are no match for a motor vehicle. Consequently, when a motor vehicle collides with a bike on a Clearwater, Florida roadway, the results can be catastrophic and sometimes deadly. If the accident victim dies in the bike accident, the accident victim’s surviving relatives may be able to open an estate and pursue damages on the estate’s behalf, via a wrongful death claim.
If you have sustained damages in a bike accident, the insurance company is never on your side. In fact, the insurance company will do everything in its power to lessen or eliminate the amount of damages it has to pay out to you in a personal injury case.
The knowledgeable Clearwater, Florida bike accident lawyers at Dolman Law Group Accident Injury Lawyers, PA are prepared to take on the insurance company and make sure that you recover all of the monetary damages you are entitled to recover under the law. To schedule a free consultation and case evaluation with a Clearwater bike accident lawyer, please call us today at 727-451-6900 or contact us online.
Dolman Law Group Accident Injury Lawyers, PA
800 North Belcher Road
Clearwater, FL 33765