If another party caused your bicycle accident, you can file a claim for damages. Your “damages” are economic and non-economic losses you have from the accident. Below, we’ll look more closely at specific damages you can collect.
Personal injury damages are supposed to “make you whole” as much as possible. In other words, compensation tries to put you in the same place as before the accident. This isn’t always 100% possible, but you should receive the fullest recovery available.
What Are the Types of Damages in a Bicycle Accident Claim?
The damages you can collect will depend on your accident. Here are the most common types of damages that you might have.
Bicycle accidents are rarely minor. If someone crashed into you on your bike, you probably have severe injuries. Bicycles do not provide the same protection as motor vehicles.
You might have a lot of medical costs from the accident. Those expenses can include:
- Doctor bills
- Hospital bills
- Prescription medications
- Future medical costs
- Physical therapy
If someone else caused your accident, they are responsible for the costs. That includes past, current, and future expenses from the accident.
You’ll need to know if you will have ongoing or future treatments. Your lawyer should factor these costs into your total settlement. Otherwise, you risk having to pay for your bills alone.
Bicycle Accident Injuries
Bicycle accident-related injuries can include:
- Head injuries
- Road rash
- Broken bones
- Neck injuries
- Traumatic brain injuries
- Spinal cord injuries
- Loss of limbs
- Abrasions and lacerations
- Severe bruising
Bike-related injuries can affect your life long-term. You should not have to bear the costs if you didn’t cause the crash. Talk to a bicycle accident lawyer about determining your full medical losses.
If you have significant injuries, contact John Foy & Associates. With over 20 years of experience, we know what it takes to win cases. We can help build your claim and determine your damages.
To get a FREE consultation today, call (404) 400-4000, or contact us online.
You will probably need to miss work after a bicycle accident. Thankfully, you can claim the missed time as “lost wages.” The at-fault party should compensate you for the income you could not earn.
To prove lost wages, you’ll need evidence like:
- Past pay stubs
- Former tax returns
- Employer statements
A bicycle accident lawyer will know what formula to use when calculating your lost wages.
Lost Earning Capacity
Sometimes, accident injuries can affect your ability to work. You might suffer permanent disabilities or impairments. Head traumas are especially common disabling injuries in bike accidents.
If you cannot work as you could before, you might claim “loss of earning capacity.” For example, you might have to work less or leave your job because of the accident. As a result, the at-fault party might have to compensate you for the lost income opportunity.
Bike accidents often severely damage a bicycle. You can claim the costs of repairing or replacing your bike.
Pain and Suffering
Medical bills, lost wages, and property damage are economic damages. Pain and suffering are non-economic losses. In other words, they do not have set dollar values.
Examples of pain and suffering include:
- Mental anguish
- Anxiety or depression
- Emotional trauma
- Loss of enjoyment of life
The effect of a bicycle accident often goes beyond financial costs. Non-economic damages are about how your injuries have affected you. Since these losses are not easy to calculate, it’s best to get help from an experienced lawyer.
Your lawyer might call on a medical expert to discuss your symptoms. They can show how long your injuries might last and impact your life.
Wrongful Death Damages
Unfortunately, severe bicycle accidents can result in death. If a loved one died in a bike accident, you might have a wrongful death case. Specific family members can seek damages on behalf of the deceased loved one (Georgia Code Section 51-4-2).
Those who might bring a wrongful death suit include:
- Spouses of the deceased
- Children of the deceased
- Parents of the deceased
- The deceased’s estate
Wrongful death laws vary by location. Check with the laws in your state before beginning a claim or lawsuit. Contact a bicycle accident lawyer who has experience with wrongful death claims.
Wrongful death damages can include:
- Medical costs
- Lost wages
- Pain and suffering
- Loss of consortium
- Loss of companionship
Punitive damages are a special category, and they are not always available. You might have punitive damages if the at-fault party’s actions were malicious or wanton.
The purpose of punitive damages is to punish the wrongdoer. They’re also available to discourage future wrongdoing. Talk to your lawyer if you think you might be able to collect punitive damages.
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How Can I Collect Bicycle Accident Damages?
You will need to file a personal injury claim with the at-fault party’s insurance. Your claim should outline and provide proof of your damages. After you submit your claim, the insurance company must respond.
Insurance companies do not like to pay much on injury claims. The insurer will look for ways to offer you less. They will often offer a lowball amount upfront. If you accept the first offer, you’ll lose any chance to recover more.
Before communicating with the insurer, talk to a bicycle accident lawyer. Your lawyer can help protect your rights. They will know how to fight for the full compensation you deserve.
Talk to a Bicycle Accident Lawyer for Free Today
After a bicycle accident, contact John Foy & Associates. We have over 20 years of experience, and we’re not afraid to stand up to the insurance companies.
Our attorneys do not charge a fee unless we win you money. Plus, the consultation is 100% FREE. To schedule your FREE consultation today, call (404) 400-4000, or contact us online.