Bicycle accidents are among the most severe ones in the world. According to studies, bicyclists accounted for 2.2% of total traffic fatalities in 2021.
One of the reasons why such accidents are so dangerous is the lack of protection for the rider. They're much more exposed to hazards compared to car drivers, which can worsen most of the injuries they can get after an accident.
Bicycle accidents happen because of many reasons, including recklessness, poor weather conditions, and more. If there was negligence involved in the accident, the victim may get a fair settlement and cover most of their medical bills, among other expenses.
However, there are many factors that influence every bicycle accident case. This can also be true when explaining how motorcycle accident settlements are calculated in NY. This article covers how bicycle accident settlements are calculated in NY and what the best course of action for victims is.
How Much Can Someone Receive from Their Bicycle Accident Claim?
The average settlement for a personal injury accident involving a bicycle ranges from $10,000 to over $500,000. As with many other personal injury cases, calculating exactly how much a person is owed after their bicycle accident isn't straightforward.
Most of the time, victims must evaluate a long list of factors with an experienced personal injury attorney to come up with an estimated sum of money they might earn if they're successful.
Even if the victim is owed a lot of money because of their severe injuries, that doesn't mean that they will get it. Not all insurance companies will be willing to settle right away, so the victim will have to build a legal strategy that gets them the justice they deserve. These steps are also useful when figuring out how pedestrian accident settlements are calculated in NY.
Which Factors Affect a Person's Settlement?
Bicycle accident settlements in New York are calculated based on several factors. While each factor has enough importance, some may have a stronger effect on the case compared to others.
Talking to an experienced bicycle accident attorney will give the victim a better idea of what to expect. These experts are trained to evaluate all aspects of the case and determine whether it's worth it to move on with the personal injury lawsuit.
Below is a breakdown of all the factors that may influence settlement negotiations in New York:
Severity of the Injuries
In most cases, this is the most significant factor to consider in personal injury cases. This is because they may help determine the amount of medical expenses the victim has to cover.
Not all injuries will require the same amount of medical care. Some injuries, for example, may change the person's life forever, so they'll need accommodations. These accommodations will likely cost a lot of money.
Here's a short overview of the different types of injuries a person may go through:
Minor Injuries
Although minor injuries aren't necessarily life-threatening, they still pose a risk to the person's health. Common injuries in this category include:
Cuts
Sprains
Bruises
Small fractures
Depending on the injury, it can leave the victim with a lot of pain that will keep them off work for a while.
Major Injuries
Major injuries can cause long-lasting damage to a person. They may not become fatal, but they're still dangerous enough that they could warrant a higher settlement amount.
These injuries include:
Fractures
Burns
Internal organ damage
In some cases, these injuries will require multiple surgeries, ongoing therapy, and much higher medical costs in general. Another factor to consider is that these serious injuries can leave immense pain and limitations for the person, which will affect the total settlement amount.
Catastrophic Injuries
These are, by far, the worst ones to experience. Most of the time, these are life-altering injuries that can sometimes be fatal.
Depending on the case, such an injury can lead to life-long rehabilitation or significant lifestyle changes. Catastrophic injuries include:
Traumatic brain injuries
Amputations
Unfortunately, catastrophic injuries often lead to a huge financial burden, not to mention the diminished quality of life for the victim. Getting a fair settlement in these cases is crucial if the victim wants to cover most of the treatment related to the accident.
In the worst-case scenario, the accident can lead to the victim's death. The deceased's family may still recover damages through a wrongful death case.
Amount of Evidence
Documenting everything is the key to winning most personal injury cases. Victims should gather as much evidence as possible to help them support their claims. Common pieces of evidence include:
Medical records
Photos and videos of the accident scene
Police reports
Eyewitness testimony
The more information the victim has, the easier it'll be for them to prove that the accident left them with long-lasting consequences. In other words, they'll have a better chance of earning a compensation amount that represents the damages they experienced.
Liability
Liability is an important factor to evaluate during a personal injury claim. It determines how much each party was at fault for the accident.
If the accident was entirely someone else's fault, it may be easier for the victim to negotiate with insurance companies. However, it isn't always that easy.
At-fault parties may sometimes deny that they were responsible for what happened. They may even blame the victim for causing the accident. This is why it's so important to gather as much evidence as possible to avoid lengthy disputes.
New York works under a comparative negligence law. It states that a person can still recover damages from the accident even if they were partially at fault. When the comparative negligence law applies, the victim's compensation will get adjusted depending on their percentage of fault. For more information, call Carl Maltese today.
Insurance Coverage
Insurance coverage is often a deciding factor in personal injury cases. Defendants with a high insurance policy limit may be able to cover higher settlement amounts. However, this isn't always the case.
Talking to an attorney can help the victim negotiate properly with insurance companies, ensuring they can get an appropriate settlement amount that represents the pain and suffering they've gone through.
If getting a high settlement amount isn't an option, the attorney can help the plaintiff explore other alternatives.
Amount of Economic Damages
Economic damages represent all the financial losses suffered by the victim (or their surviving family members). These are much simpler to calculate since they use tangible elements, such as medical records.
Common economic damages include:
Lost wages
Medical expenses
Funeral costs
Burial costs
Loss of earning capacity
The more elements the victim experiences, the more likely they are to get a higher settlement amount. However, this will ultimately depend on the strength of the case, the attorney's skills, and the negotiations.
Amount of Non-economic Damages
Non-economic damages are harder to quantify, as there's nothing tangible to consider when calculating any amount. Some of them include:
Emotional distress
Pain and suffering
Loss of companionship
Depression and anxiety
Post-traumatic stress disorder (PTSD)
These elements require a much more extensive amount of evidence to support the victim's claims. If they state that they developed extreme anxiety because of what happened, for example, they'll likely need the testimony of a mental health expert to support all claims. Otherwise, the insurance company or court may dismiss the victim's statements.
Legal Representation
Hiring a lawyer will always influence a victim's chances of winning positively. They have a deep knowledge of New York law, so they can create legal strategies that maximize the chances of their client getting a fair settlement.
Professional attorneys can help during several stages of the lawsuit, including:
Gathering evidence
Talking to witnesses
Negotiating with insurance companies
Representing the victim in court
Usually, the victim won't have enough legal knowledge to fight the insurance company on their own, increasing their chances of losing. With the help of a strong attorney, they can even the scales.
How Can People Maximize Their Chances of Winning a Personal Injury Claim?
The best way to increase a person's chances of winning their case is to document everything. Evidence will always play a key role in a personal injury case, as it makes it much easier for victims to prove what happened.
It's not fair for victims to deal with extensive legal proceedings while recovering from their injuries, which is why they should seek advice from an attorney as soon as possible.
On another note, it's crucial to avoid common mistakes while negotiating a settlement, including:
Not gathering enough documentation for the injuries
Accepting the first offer from the insurance company
Not considering future medical expenses in the negotiation
Not considering non-economic damages
Settling without asking a personal injury attorney for their opinion
Bottom Line
There's a huge gap in the average bicycle accident settlement amounts. This makes it much harder for someone to calculate how much they're owed after an accident. However, getting help from a legal expert will always make the process much easier.
The team at the Law Office of Carl Maltese is committed to giving their clients fair compensation for what happened. A decent personal injury settlement can be life-changing for the victim. It's not fair for them to have to pay for their treatment because of someone else's negligence, and that's what this law firm is for.
Bicycle accident victims who want to learn more about the potential of their cases can reach out to this legal team for a free consultation.