Florida Bicycle Accident Lawyer
Bicyclists often find many benefits to riding, but there are also many risks—including being hit by a driver of a car, bus, or truck. While there are steps that bicyclist can take to help prevent collisions with vehicles and severe injuries, these accidents can still happen and are sometimes unavoidable.
If you were injured in such an accident caused by someone else, seek the help of dedicated Florida bicycle accident lawyers. One of our experienced personal injury attorneys at Kogan & Disalvo could help you hold the driver responsible for their actions by obtaining compensation to pay for your injuries and damages.
Special and General Damages
“Damages” is the legal team for the compensation for various losses and injuries a civil plaintiff pursues through a lawsuit. Special damages have a monetary value and are for expenses such as medical bills or lost wages, while general damages or non-economic are ones that do not inherently have a value and may include:
- Pain and suffering
- Mental anguish
- Loss of consortium
- Emotional trauma
- Scarring & disfigurement
- Loss of enjoyment of life
General damages are often more challenging to prove, and their value can vary widely from one case to the next. Usually, the more severe the injuries, the higher the special and general damages.
Plaintiffs have the burden of proof in civil cases, including proving the necessity of punitive damages. Florida bicycle accident attorneys must show clear and convincing proof regarding the actions of the defendant that would give rise to punitive damages.
Claiming Punitive Damages for Bicycle Accidents
Unlike special and general damages, punitive damages are assigned with the intent to punish the defendant for their behavior and deter future behavior instead which is different than compensating the injured individual for specific losses.
To be liable for punitive damages, the defendant typically must be found guilty of gross negligence or deliberate conduct by the judge or jury. The behavior must be so reckless that it demonstrated a conscious indifference to the victim. The defendant also generally must have had knowledge of the wrongfulness of their behavior and that it came with a high risk of endangering another person.
Evidence in a Florida Bicycle Accident Case
For a civil plaintiff to receive fair compensation through either a court verdict or a settlement, their bicycle accident lawyers in Florida must demonstrate, through a preponderance of the evidence, that they incurred an injury and that the defendant’s negligent behavior directly caused their damages. Evidence that may support such claims often includes:
- Pictures and videos of the accident, any injuries, and property damage
- Medical records
- Medical bills
- Sworn testimony from witnesses and expert witnesses
- Proof of lost wage
- Insurance policy documents
Speak to a Florida Bicycle Accident Attorney Today
Someone injured in a bicycle collision should consult with Florida bicycle accident lawyers before speaking to the insurance company for the party who caused the accident. Insurance companies often try to lessen the liability of the insured by getting the injured person to say something detrimental to their case, or they want to settle the case for as little as possible quickly. Neither tactic is fair to the injured individual.
You could take steps to help avoid either of these circumstances by reaching out to Kogan & DiSalvo and scheduling a free case evaluation. Call us to get started on your case.