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Many people find bicycles to be an enjoyable and convenient method of transportation. However, even when bike riders fully comply with traffic laws and maneuver carefully around motor vehicles, accidents may still occur. Motorists often do not see bicycles or account for their presence until it is too late. Thankfully, people hit by cars do not have to stand alone.
If you are a bicycle rider who suffers serious injury in an accident, you may wish to contact a Wellington bicycle accident lawyer. Bike riders can suffer catastrophic injuries in collisions with motor vehicles. If another individual was at fault for the crash, the skilled personal injury attorneys at Kogan & DiSalvo could help fight for fair and accurate compensation for your injuries.
Preparing a Bicycle Accident Claim
Often, the first step for those seeking a legal remedy for injuries is to prepare a civil claim. This process may involve conducting research and collecting evidence, which can be difficult for injured people to manage on their own. For this reason, it may be beneficial to retain a Wellington bicycle accident attorney to assist with:
- Documenting the scene of an accident
- Accessing medical records and police reports
- Communicating with insurance providers
- Investigating possible negligence
- Negotiating settlements
Typically, it is beneficial to begin collecting evidence relatively soon after a collision occurs to ensure no potential evidence is lost. This is another reason why hiring an experienced lawyer early on in a case may be a wise move—they could handle the details of preparing a claim, while the plaintiff rests and recovers from their accident.
Demonstrating Negligence
After preparing and filing a bicycle accident claim, injured parties may be asked to show how negligence contributed to their condition. To do so, plaintiffs must prove the following elements of legal negligence:
- A defendant breached their legal duty to act in a reasonably safe manner
- The breach directly caused or influenced the cause of a bicycle accident
- The plaintiff sustained physical harm as a direct result of the accident
Demonstrating all the elements of negligence is usually sufficient under the law to prove liability. Accordingly, proving legal negligence often results in recovering damages for the injured party.
Calculating Damages After a Bike Collision
After proving all the elements of negligence, a plaintiff can seek damages from the at-fault party. It is possible to seek damages or monetary compensation, for both economic and non-economic losses.
Economic damages may include medical expenses, surgical bills, and the value of wages lost. These expenses are directly related to the injuries sustained in the accident in question and usually have a definite value that can be supported by documentation from medical professionals or employers.
Conversely, non-economic damages may be awarded to compensate for the loss of enjoyment in life, loss of future employment opportunities, shortened life expectancy, and emotional distress. Non-economic damages are harder to quantify, as they do not have a clear economic value. However, a seasoned bicycle accident lawyer in Wellington may be able to help evaluate the cost by determining future earning potential or relying on similar court decisions.
Ally with a Seasoned Wellington Bicycle Accident Attorney
Recovering from injuries sustained in a collision is no easy task. Thankfully, a Wellington bicycle accident lawyer may be able to help simplify your recovery process by handling any legal claims you wish to pursue.
Our legal team here at Kogan & DiSalvo has experience working with insurance providers and investigating the causes of injurious accidents. Our attorneys could help determine whether legal negligence applies to your case and stand by your side through every step of your claim. Reach out today for a free consultation and learn what we could do for you.
