If you got into a Bicycle Accident as a passenger or as a cyclist in Fall River, MA, you are probably wondering how much your claim might be worth. There are a few factors that you should keep in mind when trying to put a dollar value on your bicycle accident claim. It is best to hire a Fall River bicycle accident lawyer to evaluate your case and to also help you through the claims process. Below are some of the common factors that may affect the value of your claim.

How liability and damages affect the value of your bicycle accident claim

Liability in a personal injury case means establishing who was responsible for an accident. If you cannot prove that the person who caused the accident was negligent, the value of your case won’t be much. Unfortunately, in personal injury claims, it is always the plaintiff who is tasked with the responsibility of proving that the responsible party was negligent. So if you cannot prove liability, the at-fault party doesn’t owe you anything.

Damages are defined as the injuries and other losses that you suffered because of the accident. The more serious that your injuries are, the higher the amount of compensation that you will receive.

Liability and damages go hand-in-hand and they significantly affect the value of a bicycle accident claim.

Let’s say that a car hit you from behind but you did not sustain any injuries and your bicycle wasn’t damaged. Obviously, the person that hit you was negligent because rear-ending anyone is a clear-cut case. However, if there were no injuries or property damage you would have no case.

If, on the other hand, you are involved in a bicycle accident in which you suffered serious injuries but the driver wasn’t negligent, your settlement amount will be small. In fact, their insurance company is not obligated to compensate you for anything. It all boils down to proving whether or not the driver was negligent and if you cannot prove this then it’s very unlikely that you will be able to secure a substantial settlement amount.

Settling outside court versus going to trial

There are two types of injury claim valuations; the trial value and the settlement value. The amount that you settle for outside of court will be significantly lower than the settlement you would get when you go to trial. However, it is never a guarantee that when your bicycle accident case proceeds to trial, you will win the case.

This, however, should not deter your Fall River Bicycle Accident Lawyer from taking your case to trial if need be. You should be wary of settlements mill lawyers who would rather push their clients to accept a settlement amount that is less than what they deserve simply because they want to close the case.

• How To Spot A Personal Injury Lawyer From A Settlement Mill

If let’s say you filed a bicycle accident lawsuit and based on the damages and liability you would be awarded $100, 000 but you only have a 10% chance of winning, you might want to settle your case outside court for 10% of the expected trial value. The settlement amount, in this case, is much lower because you want to avoid the risk of losing your case in trial.

How will your Fall River bicycle accident lawyer calculate the damages in your case?

Damages in a bicycle accident claim are divided into two types:

Special damages. These include your medical bills, damage to your bicycle, lost earnings, and so on. In short, they are easy to calculate because you can put an exact number value on them. For example, calculating lost earnings is straightforward because you simply add up employment benefits and earnings that you lost from being out of work. Your bicycle accident lawyer in Fall River, however, will have to hire an economic expert to calculate your future lost earning capacity.

General damages. These include pain and suffering, emotional distress, and so on. These types of damages are not easy to calculate because there are no guidelines for determining their value. 

Talk to a Fall River bicycle accident lawyer today

At Kevin P Landry Law Offices, we offer free initial consultations to our prospective clients. Contact us today at 508-676-0001 and let us evaluate the value of your claim for you.