5 Factors to Consider When Filing For a Bicycle Accident Claim
A bicycle accident can change your life forever. With medical bills, ongoing injuries, and mental and emotional trauma, you might feel like everything is too much to handle. However, you can file a bicycle accident claim and receive compensation to help you cover some expenses.
When dealing with a bike accident claim, make sure to get in touch with lawyers familiar with local laws. State laws and regulations play a major role in your total compensation. For instance, wearing a helmet in Texas can impact the verdict of your claim. In this regard, finding the best San Antonio bicycle accident lawyer is one of the most important things for a successful bike accident claim. With a lawyer, you have a much higher chance of winning your claim and are more likely to get a settlement offer without going to court.
What To Consider Before Filing Your Bicycle Accident Claim
Here is a brief list of the factors you should consider before filing your claim. With the right attorney and evidence, you will be able to file a claim and get the compensation you deserve.Attorneys
The first factor to consider is hiring an attorney. A good bicycle accident attorney will ensure that you get everything turned in on time and correctly. Experienced attorneys will let you know how much compensation you can ask for and how long your case will take, giving you time to heal and focus on yourself after the accident.Most personal injury or bike accident lawyers offer a free initial consultation to review your case and let you know if you have grounds for a claim. This can be extremely helpful, even if you plan not to hire an attorney for the actual claim. Professional advice is essential for legal cases.
Negligence
The key to filing a successful bicycle accident claim is proving negligence. Negligence is a legal term that means the other person in the incident was not paying attention or was driving irresponsibly. If you can prove this, you will be able to file a successful bicycle accident claim and receive compensation.In most cases, negligence involves a car driver who didn't see the bicycle, opened their door into the bike lane, or ran a bike off the road. Even if it's unintentional, an accident that was caused by someone not following traffic laws or driving irresponsibly can be considered negligent.
It is also important to note that victims can be held liable for the accident based on their contribution to the accident in certain cases. This is because states follow different models of negligence to determine liability. Texas, in particular, follows modified comparative negligence. According to this model of negligence, victims whose contribution to the accident exceeds 50% are not entitled to compensation.
Compensation:
When you file your claim, you will ask for a certain amount of compensation. This depends on your injuries and the extent of the damage. However, you should have a certain level of injury in order to make a claim worth it in the first place. After all, you'll need to pay legal fees and your attorney with part of your compensation.A serious injury that has long-lasting effects (or high medical bills) will usually be enough to make your claim successful. If you cannot work, live independently, or have a recovery time of more than a year, you might consider hiring a catastrophic injury lawyer and a bicycle accident attorney.
Timing
Depending on where you live, you only have a certain amount of time to file your claim, and in Texas, you have only two years to complete your bicycle accident claim. The state's statute of limitations is one of the most restrictive, and it means that if you wait longer than two years, your claim will be voided.Although two years seems like a long time, it isn't in the legal world. Getting your claim in as soon as possible is crucial, but it involves insurance paperwork, legal filings, and medical evidence. It can take time to get all of that together, so it's crucial to consider your timing as you prepare to file your bicycle accident claim.
Compensation
Of course, the final factor you should consider is compensation. Your attorney can help you come up with a fair amount to ask for in your claim - it shouldn't be too much, lest the claim will be denied. However, if it's not enough, you won't be able to pay your medical bills and attorney fees.Fair compensation usually factors in the medical and legal fee, the injuries' seriousness, and the accident's lasting impact. Once you've figured this out, you can file an accident claim and receive your compensation!
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Posted - 03/23/2023
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