Bicycling is a popular mode of transport and recreation activity in Orlando, thanks to the city’s warm weather and bicycle lanes. Statistics from the Orlando Bicycle and Pedestrian Count Program show over 250,000 cyclists use a section of bicycle trails in Orlando every month.
According to the Florida Department of Highway Safety and Motor Vehicles, 444 bicycle crashes were reported in Orange County, Florida, in 2022. If you have ever been involved in a bicycle accident, you may be unsure of how to determine the worth of your claim and injuries.
Orlando bicycle accident lawyers can help you understand the potential value of your claim. In this article, we will break down the elements of a bicycle accident, helping you to better understand your rights and what you are entitled to receive.
Factors That Influence the Value of a Bicycle Accident Claim
When calculating the worth of a bicycle claim, various factors come into play. These include:
Medical Expenses
Medical costs are one of the largest contributors to a claim’s value, such as:
- Emergency room visits
- Surgeries
- Medication
- Physical therapy
- Ongoing treatment and rehabilitation
If your injuries require long-term care or specialized rehabilitation, these costs will increase your claim’s worth. Any future expenses you will likely incur should also be included in the claim.
Lost Wages and Earning Capacity
If your injuries prevent you from returning to work or impact your ability to perform your job, the claim may cover lost wages. This includes income you could have earned during the recovery period as well as reduced earning capacity and long-term limitations.
Include documentation from your employer, and a medical professional report can help establish a claim’s value.
Property Damage
A bicycle accident can result in damage to your bike and other personal property you were carrying, like your phone and personal gear. The cost of replacing or repairing these items is typically included in the claim. These may seem minor, but cycling requires high-end equipment, and the replacement costs can quickly add up.
Pain and Suffering
Apart from property damage, your claim may include compensation for pain and suffering. This accounts for emotional distress as well as how it impacts your quality of life.
Florida allows for non-economic damages that can be more challenging to quantify. Factors like the length of recovery and lasting emotional effect are considered when determining an appropriate amount.
Comparative Negligence
Florida has a comparative negligence rule. This means victims can file for compensation if they are less than 50% at fault for an accident. The amount you can recover is reduced by a percentage if you are partially at fault. An accurate assessment of fault is crucial, as it directly affects your claim.
Importance of Professional Legal Guidance
Getting guidance from an experienced attorney can be very important in ensuring you receive fair compensation. Here is how professional assistance can make a difference:
Assessing True Claim Value
It is common for insurance companies to try and undervalue your claim. A good attorney will conduct a thorough assessment of your case, taking into account all the expenses, damages, and losses to provide a realistic estimate of the values. They can also anticipate future costs and long-term medical care.
Handling Legal Documentation and Deadlines
The statute of limitations for filing a bicycle accident claim in Florida is two years. Missing this deadline can disqualify you from receiving compensation. An attorney will ensure all documents are submitted on time and accurately, preventing errors that could negatively affect your case.
Negotiating Insurance Payouts
Insurance companies minimize claims to reduce payouts. With the help of your attorney, you have someone to negotiate and push for a fair settlement on your behalf. Attorneys understand the language insurers use, and their experience can strengthen your position in getting maximum compensation.
Conclusion
Understanding the worth of your bicycle claim involves more than just adding up medical bills and repair costs. Factors like lost wages and pain and suffering play a part in determining the worth of your claim. If you are uncertain about the value of a claim, consult an attorney to ensure you get fair compensation.
