Bicycle accidents can be devastating, often resulting in serious injuries for the cyclist. Thus, the injured party may be entitled to compensation if someone else caused the accident. If you were injured in a similar incident, understanding this can help ensure that you receive enough funds for your recovery. However, insurance firms might give you an easy and fast settlement offer. They often do this to save on costs, hoping that you will accept before realizing the full depth of your losses. So, never allow an insurance company to tell you how much your claim is worth. To give you an idea of how much compensation you should receive for your bicycle accident injury, here are the factors that you must consider:
Medical Expenses
One of the most immediate concerns after a bicycle accident is covering the cost of medical care. This includes:
- Emergency Services: These are costs for ambulance rides and emergency room visits.
- Hospital Bills: These are the overall charges for surgery, hospital stays, and other inpatient treatments.
- Ongoing Medical Care: It includes costs for follow-up visits, physical therapy, and future rehabilitation.
In Arizona, these expenses can be claimed as part of compensatory damages. According to A.R.S. § 12-542, the statute of limitations for personal injury claims is two years. This includes those from bicycle accidents. So, you only have two years from the date of the accident to file a claim for medical expenses.
Lost Wages
If your injuries prevent you from working, you may be entitled to compensation for lost wages. This covers:
- Immediate Time Off: Wages lost from the time you were unable to work due to the accident.
- Future Earnings: If your injuries affect your ability to work in the future, you can claim for your lost earning capacity.
Arizona law supports compensation for lost wages as part of personal injury claims. Thus, you must prove that the accident directly caused your inability to work.
Pain and Suffering
Pain and suffering compensation is meant to address the non-economic impact of your injuries, such as:
- Physical Pain: This is the actual physical discomfort and pain you endure.
- Emotional Distress: Psychological impacts, which may include anxiety, depression, and trauma resulting from the accident.
While calculating pain and suffering can be more subjective, these damages can be claimed under non-economic damages in personal injury cases. For example, Tom is injured when a driver opens their car door in his path, causing him to crash. As a result, he experiences chronic back pain and feelings of distress. Hence, he can seek compensation for this burden on his physical and emotional well-being.
Property Damage
Bicycle accidents often result in damage to the bike and other personal property. Therefore, property damage compensation can cover:
- Bicycle Repair or Replacement: These are the total costs to fix or replace your damaged bike.
- Other Personal Items: This includes damage to personal items such as helmets, clothing, and electronic devices.
Arizona law permits claims for property damage as part of the overall personal injury claim, ensuring you can recover costs associated with the accident.
Loss of Consortium
If the accident affects your relationship with your spouse or family, you might be entitled to compensation for loss of consortium. This covers:
- Loss of Companionship: It refers to the accident’s negative effect on your relationship with your spouse.
- Loss of Support and Services: You can file this claim if the injuries prevent you from contributing to household duties or providing emotional support.
Loss of consortium allows family members to seek damages for the impact on their relationships. For example, Maria is severely injured in a hit-and-run while cycling, leaving her unable to care for her young children. Her husband files for loss of consortium, claiming that Maria’s inability to provide emotional support and household services has significantly affected their family life.
Punitive Damages
In cases where the accident was caused by particularly reckless or malicious behavior, punitive damages might be awarded. It intends to punish the wrongdoer and deter similar behavior in the future. However, punitive damages are less common and require clear evidence of egregious conduct.
Legal Assistance
Hiring an experienced bicycle accident injury lawyer can help you recover maximum compensation. Not only will you receive support for your hospital bills, but you will also be able to hold the negligent party liable for all the other damages incurred. If you get legal assistance, your lawyer can calculate a fair amount of bicycle accident injury compensation for your full recovery. And all of these will be filed on time, while you focus on healing. Thus, if you or a loved one has been injured in a bicycle accident, consider consulting with a legal professional to ensure that your rights are protected.