Many victims ask whether they need to retain a personal injury lawyer for their bike accident case and, if so, why. The answer to this question is often "no" if the crash is minor and you did not sustain severe injuries. However, if you suffered serious injuries in your bike accident, you must consult with an experienced personal injury lawyer. This blog explains why you would need to hire a lawyer.
Why You Need a Personal Injury Attorney
The bigger the bike accident case, the more severe the injuries, the more medical costs there are, the more damaging it will be to your work life, and the more likely you are to require an attorney. Larger bike accident-related lawsuits need a whole team of legal experts and may take an extended period to end.
When involved in a bike accident case in which the insurer will have to pay a large sum in compensation, you will generally see that the insurance adjuster you are dealing with does not have the will to pay anywhere close to what the case is worth.
To help you gain more perspective and assess this matter, the following are signs that you should retain a bike accident personal injury attorney:
Your Injuries are Severe
If you suffered severe injuries in your bike accident, you want to work with a skilled personal injury attorney. Treatment expenses and ongoing care for the injuries suffered during the accident can rapidly become exorbitant. This is specifically the case if you have future medical costs.
Insurers want to settle cases with as little cost as possible, usually leaving claimants with insufficient compensation after paying their medical bills. Legal help when settling case terms may lead to a more substantial settlement offer to pay all expenses related to your injuries.
There Were More than One Party Involved
Since California is a pure comparative fault state, multiple parties can share fault for the same collision. If there were more cyclists or drivers involved in your bike collision, you need an attorney to advise on how much compensation each party should receive for their injuries. This might include recovering medical costs from all the involved parties' insurance providers and bringing claims against their properties if they were negligent when cycling or driving. A skilled lawyer can assist you in understanding the factors applied in determining your compensation value and how to navigate the claims process.
Fault Is Disputed
In California, liability for a crash should be established under the California negligence standard. In most complex bike accident cases, liability can rapidly become fiercely contested. If you have suffered serious injuries and liability is being contested, you should seek legal counsel.
Insurance Is Offering a Low Settlement Amount
Sustaining an injury in a bike crash can be mentally and physically agonizing. While trying to understand the trauma you have experienced, you also must confront the insurance provider. Injury claims are not a straightforward process. Insurers understand this, which is why they will pressure a claimant into accepting a lower settlement amount than their case is worth. They will try as much as possible to deny the victim’s claim. If you do not have an attorney helping you obtain compensation, you are at high risk of a low settlement offer from the insurance company, which hopes you will give in and settle for less than what your claim is worth.
The Insurer Is Uncooperative
In certain cases, victims might find themselves incapable of handling an entirely uncooperative insurer. They might even find themselves having a difficult time having their emails or phone calls answered by an insurance provider. If the insurance company you are dealing with is unresponsive or appears to be treating you unjustly, contact an attorney for immediate help.
You Have Concerns About Liability
California’s pure comparative negligence rule permits a bike accident victim to recover damages irrespective of the degree of fault they shared for the collision. Theoretically, you may be 99 percent liable for the crash and still qualify to recover compensation. However, your degree of liability will be deducted from your compensation amount. Your attorney can ensure that any level of liability you share for the collision is accurate. A competent attorney would want you to recover damages for which you are eligible and nothing less.
You Do Not Know Your Legal Options
After a bike collision, you generally have two options for recovering your compensation: you could bring an injury lawsuit or make an insurance claim. Both of these options come with varying obligations. Bringing an insurance claim entails comprehending insurance jargon, understanding your rights, and communicating with insurance adjusters while defending those rights. Meanwhile, bringing a suit requires knowing courtroom protocol, navigating the statutes that apply to your situation, and understanding how to argue your case.
Mistakes in any of these options could jeopardize your entitlement to financial compensation. An attorney can address these obligations on your behalf. Your focus at the moment should be on your health and not on trying to understand personal injury statutes.
You Are Not Stable to Make Critical Decisions
As far as personal injury claims are concerned, most claimants are unaware of how severely they have been affected. If you were injured in a bike collision and are still conscious or can even walk after the crash, you are probably glad you survived. You might not feel the degree of your injury immediately, but you will finally realize the extent of the damage caused.
A skilled attorney understands you might have severe injuries and a long-lasting negative effect you did not know about immediately after the collision. They will assist you in evaluating the damage and obtaining your deserved compensation.
Even if you only suffered slight injuries, being knocked down by a vehicle is often an emotionally shocking and traumatic experience. The sudden impact will affect your capability to think clearly, which could make it challenging for you to act independently. That is where an expert personal injury lawyer comes in. They can address things professionally and sensibly while you focus on recovering.
Other Reasons for Needing a Lawyer
Even when the reasons above do not apply to your case, you might still need to consider seeking legal representation. The following are other circumstances that might require you to hire a bike accident personal injury lawyer:
- The insurance company has denied your claim.
- You lack access to info that you could use as evidence.
- You want to avoid the time commitment and stress of seeing the case through on your own.
What Your Lawyer Can Do to Help
Regardless of your reason for hiring a personal injury lawyer after a bike accident, the lawyer can help you in many ways, including protecting your legal rights. The following are ways in which your lawyer can help you:
Provide You With Legal Advice
A bike accident personal injury lawyer will give you professional advice on what you should and should not do after the accident and during your case. For example, they may advise you to seek proper medical care for your injuries to ensure you have medical records to back up the damages you are attempting to pursue.
Your attorney may also advise you not to give any form of written statement to the liable party or their insurance company, as the consequences of this act could make acquiring compensation more challenging. Lastly, your lawyer may advise you not to communicate directly with the insurance company, as they may try to persuade you to accept a low settlement offer.
Investigate Claims
Generally, bike attorneys are paid on a contingency fee basis; the fees are payable only after a favorable settlement is reached. This means the lawyer will only be paid after they win the case and recover compensation from the liable party. Since the attorney must finance the claim themselves until a favorable settlement or verdict is made, they go the extra mile to evaluate and screen the case. Your lawyer will help you investigate your claim carefully, ensure they have all the facts, and establish from what angle to tackle the case.
Apply Legal Knowledge to the Case
Insurance providers, the legal system, and attorneys are the last things you should be handling if you have been hurt in a biking accident. Whereas you may be tempted to address the situation on your own, doing so may have costly and lasting consequences.
A bike accident lawyer has extensive knowledge and understanding of California traffic statutes and personal injury law and can assist you in obtaining the damages you deserve. A lawyer would know how to tackle your case efficiently and effectively without dragging it out.
Gather Evidence and Determine the Accident's Cause
If you wish to pursue compensation, the first step is determining what happened at the accident scene, which is achieved by collecting evidence. An experienced lawyer will start investigating right after you reach out to them.
They can help you gather all the details and facts surrounding the accident. This includes information on the extent and nature of the injuries you suffered. Collecting evidence is critical since, apart from helping determine the accident's cause, it assists in proving liability. Collecting evidence also entails the following:
- Taking photographs of any damaged property.
- Obtaining accident report.
- Collecting medical reports, records, and bills.
- Gathering employment reports and employment documents.
- Collecting reports of the damaged property.
- Tracking witnesses.
- Procuring police reports, witness statements, and surveillance footage.
Help You Avoiding Legal Pitfalls
The California legal system is confusing and tricky. If you are not conversant with it, there is a high chance you will commit costly mistakes. A bike accident lawyer understands all the features of personal injury law. Therefore, they can assist you in protecting your legal rights and ensuring no information is disregarded.
If you do not understand where to begin, an attorney will assist you in determining what form of compensation you are eligible for from the at-fault party or insurance provider. Because they have several years of expertise and experience in personal injury law, they would know the legal issues that could impact your claim and advise you to avoid them.
Manage the Statute of Limitations for You
Generally, you have two years from when your bike accident happened to bring a lawsuit in California, with a few exceptions. Regardless, you may have to file the lawsuit sooner based on the case facts. You want to take legal action promptly to defend your legal rights.
If a substantial period has passed since your collision occurred, you should be concerned about whether you qualify for compensation. The California personal injury statute states that these scenarios may toll the stipulated two-year statute of limitations:
- The liable party is out of the state.
- You did not know about your injuries until later after the collision.
- The liable party provided fake details or otherwise attempted to hide their identity.
- You were below eighteen years when the accident happened.
While you may believe a lot of time has elapsed since your collision, the law protects you. Your lawyer can review your case and establish how the statute of limitations applies so you will not miss out on damages recovery if you still have time to bring the lawsuit.
Negotiate With the Insurer
Bike accident personal injury attorneys negotiate with insurance providers daily, which has made them masters of great negotiating skills. Hiring a lawyer means you will not have to worry about negotiating with the at-fault party's insurer.
The lawyer will help you review the policy information to establish the maximum amount of compensation and send demand letters for damages. The lawyer will handle all communication with the insurer and ensure you do not take any action that may jeopardize your claim.
Represent You at Trial
Most bike accident cases settle before advancing to the court trial stage. But if the at-fault party's insurance provider refuses to settle or offers a low settlement amount, the case may proceed to court. In these cases, your attorney's responsibility is to represent you and continue fighting for your deserved compensation.
Even though personal injury cases rarely advance to the trial stage, ensure you hire an attorney open to the idea that your case may go to trial if necessary. Some lawyers choose a quick settlement instead of a fair one, so they may advise their clients to settle out of court despite it not being the best option. Before hiring an attorney, ask them about their experience and feelings about taking personal injury cases to trial.
Determine the Liable Party
A bike accident may involve several variables. Apart from a driver, other parties can cause an accident in different circumstances. The city may be responsible for your injuries if you were cycling on a bike lane and struck a pothole. If you tripped over debris left on the sidewalk, the property owner might be liable for your damages.
If your bike malfunctioned, causing the accident, your bike's manufacturer may be responsible for your injuries. You need a skilled personal injury attorney to help you identify which party to hold accountable for your accident.
Notify All the Involved Parties
When you retain a bike accident attorney, they will inform the defense side that they are representing you. If the at-fault party for your collision were a driver, your attorney would contact the motorist's insurance provider to let them know who is representing you. The insurance company would then have to communicate with you through your attorney. This helps prevent the insurance company from taking advantage of you.
Assess Damages
If you are hurt in a bike accident, you are probably thinking of the immediate effect of the collision—the medical bills, repairs, or insurance claim. However, a personal injury attorney is an expert in the field whose work regularly involves assessing the long-term and short-term impacts of crashes in different cases.
Your lawyer would help you make an actual, accurate, and proper assessment of your long-term and immediate damages, including the loss of earning capacity or evaluating the lifetime effect if you suffered some disability.
Contact A Orange County Personal Injury Attorney Near Me
If a driver knocks you down while riding your bike, the results may be catastrophic. You might have to undergo rehabilitation for months if you sustain severe injuries. You might also miss going to work and be forced to deal with hefty medical bills. The bills related to a case such as this can make you struggle financially.
When in this situation, you need a knowledgeable and aggressive attorney who knows how to fight for justice. You do not want to hire a lawyer who will agree to lower compensation than you deserve. Similarly, you should not retain a lawyer who will give up the fight because the insurer is uncooperative or stubborn.
At Orange County Personal Injury Attorney, we are ready to do everything possible to prevail in your case and obtain the damages you deserve. With decades of experience representing bicyclists hurt in collisions, you can anticipate an aggressive, forthcoming lawyer fighting for you every step of the way.
We understand what it takes to win bike accident cases and have managed to put a smile on our clients' faces with the best results. Call us at 714-876-1959 to schedule a consultation meeting. The earlier we start working on your case, the higher our chances are of obtaining favorable results for you.
