Bicycles offer riders very little protection in the event of a collision. Aside from a helmet, cyclists rarely wear any other protective gear when on their bikes. Because of the lack of protection, the injuries suffered by cyclists after a collision tend to be severe. Recovering compensation can be crucial to getting your life back on track after an accident.
At Pacific West Injury Law, we understand the difficulties bicycle accident victims face after a crash. Our team of bicycle accident attorneys in Spring Valley is committed to helping victims recoup their losses after an accident.
Determining Liability After a Bicycle Accident
The first step towards recovering compensation after a bicycle accident is determining who is at fault for your accident. Sometimes, the process of assigning liability is easy. However, there is a strong chance that liability will be difficult to determine. Fortunately, an experienced bicycle accident lawyer should be able to help you sort out liability so you can pursue compensation.
Steps in a Bicycle Accident Lawsuit
When you are planning on filing a bicycle accident lawsuit, there are several steps that must be taken before you will be able to recover compensation from the liable party. When you hire an attorney, one of the first actions they will take will be to investigate your case to determine liability and gather evidence in support of your claim.
After your attorney is done collecting evidence, they will assess your damages and calculate how much your claim is worth. Your lawyer will then draw up all the necessary documents and file your lawsuit with the court. Once your lawsuit has been submitted, the pretrial process will begin. Steps in the pretrial process include:
- Discovery
- Depositions
- Mediation
Discovery
Discovery is the process of both parties involved in the case sharing the evidence they have collected with each other. Discovery is essential to ensuring a fair trial as it allows both sides to prepare their response to any evidence brought up in court without any surprise advantages.
Depositions
At the end of the discovery phase, depositions are given. A deposition is a testimony given outside the courtroom by a witness or party to the incident. Depositions are recorded by a court stenographer and the testimony may be used during a trial.
Mediation
The final step before a case proceeds to trial is mediation. In mediation, the two parties meet at a neutral location with an independent third party present. This mediator will attempt to help the two sides come to a settlement agreement that will put an end to the case and avoid a courtroom trial.
From the time you hire an attorney until your case settles or a decision is made in court, your lawyer will be in contact with opposing counsel, attempting to negotiate a settlement deal. If a deal can not be reached by the end of mediation, your lawyer will represent your interests at trial.
Damages You Can Recover After a Bicycle Accident
After suffering a serious injury in a bicycle crash, you will likely be eligible for a wide range of damages. All bicycle accident-related damages can be divided into three overarching categories.
Economic Damages
Economic damages are all monetary losses you incur due to your bicycle accident. Common economic damages include:
- Medical bills
- Future medical expenses
- Property damage
- Modifications to your home or vehicle necessary for accommodating a disability
- Lost wages
- Diminished earning capacity
Non-Economic Damages
Non-economic damages are all the rest of the losses you incurred due to your bicycle accident. These losses tend to be wide-ranging and significant. Common non-economic damages include:
- Pain and suffering
- Decreased quality of life
- Permanent disability
- Loss of consortium
- Mental anguish
- Scarring and other disfigurements
Punitive Damages
Punitive damages are far different from economic and non-economic damages. Rather than being awarded as a replacement for losses suffered by the accident victim, punitive damages are meant as a punishment for the liable party.
Punitive damages are only awarded in a small number of cases, where the actions of the at-fault party are deemed to have been criminally negligent.
Bicycle Accident Attorneys Get Paid Based on Results
Many accident victims are wary of hiring an attorney because they do not think they will be able to afford to pay their fees. While this can be a valid concern with many types of attorneys, it should not be a worry when it comes to hiring a bicycle accident lawyer. These lawyers typically work on a contingency fee basis, which means they only get paid if you collect compensation.
When you hire a bicycle accident attorney, you will agree to pay them a fixed percentage of the money you recover from the liable party. This is the only fee your lawyer will collect for their services, which means that if you don’t collect compensation, your lawyer doesn’t get paid.
Under this system, the more money you receive from the liable party, the more your attorney obtains for their services. This way, you can feel confident that your lawyer will work diligently to get you as much money for your damages as possible.
File Your Bicycle Accident Lawsuit on Time
When filing a bicycle accident lawsuit in Nevada, you will generally have two years from the date of your accident to file. If you don’t file within this time frame, you could miss out on your chance to recover compensation. However, it is critical to note that many exceptions apply to this time limit, and under certain circumstances, you may still be eligible to file after two years.
On the other side of the coin, special circumstances may also further limit how much time you have to file. You could find yourself with months rather than years to file a claim. Hiring a bicycle accident attorney as soon as possible after your crash is the best way to ensure you don’t miss any deadlines.
Speak With a Bicycle Accident Attorney in Spring Valley Today
At Pacific West Injury Law, we believe that all accident victims should have access to experienced legal counsel. Our team of Spring Valley bicycle accident lawyers will do everything possible to ensure you get the money you need after a crash.
Contact us today to schedule a free case review. Give us a call or fill out our online contact form to get started with a free case review today.