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Bicycle Accidents: Determining The Value Of A Personal Injury Claim

March 29, 2014 | Category: Bike Accidents | Share

Different types of vehicles must share the road with each other on a regular basis. Large trucks, SUVs, small automobiles and even bicycles often use the same roads to reach their desired destinations. Unfortunately, some drivers of automobiles do not consider the needs of bicyclists while on the road and they sometimes fail to give a cyclist enough room to travel. Many Fort Myers personal injury lawyers like Randall Spivey are well aware that accidents that take place between automobiles and bicycles can result in catastrophic outcomes, particularly for the cyclist.

Bicyclists who have been injured in accidents with motor vehicles often have questions and concerns about the value of their cases and who will be held legally responsible for their injuries and accident-related expenses. Accident victims should be aware that there are several factors that must be considered when attempting to do a case valuation. That said, victims are strongly encouraged to work with knowledgeable personal injury lawyers who have the proper experience in determining case values.

What Determines Case Value?

One thing that many Fort Myers personal injury lawyers will tell clients is that a person's damages and level of suffering is generally not measured by the kind of vehicle the victim was utilizing at the time of the accident. Just because the accident victim was on a bicycle as opposed to an automobile will not equate to decreased case values for such victims. Instead, case valuation takes into account the severity of the victim's injuries, lost income, pain and suffering and medical costs.

Accident victims should also note that the nature and extent of their injuries will play a part in case valuation. The attorney handling the case will need to look at whether the victim incurred broken bones, cartilage damage, torn ligaments and/or permanent disfigurement. Additionally, if the victim has a pre-existing condition that was re-injured during the accident, that may affect the value of the case as well. Individuals who have suffered injuries are encouraged to speak with several doctors in order to figure out whether or not the injuries sustained will have long-term effects and need extensive treatments, such as surgery and/or physical therapy in order to properly heal.

Attorney Experience Is Important Too

As mentioned above, having an attorney who is knowledgeable and experienced with handling bicycle accident cases is very important, particularly in cases where the driver of the automobile claims that you, as the bicyclist, failed to abide by established traffic laws. Many drivers fail to notice cyclists and will claim that they "came out of nowhere." 

Additionally, utilizing the services of a skilled attorney can prove to be invaluable, especially if an accident victim learns later after the accident that they are no longer mentally and/or physically able to work at their job because of their injuries. Such an issue must be taken into account when making a proper case valuation and an attorney can ensure that all factors are considered.

If you or someone you love has been injured while riding a bicycle, contact Randall Spivey, your Fort Myers personal injury lawyer at the Spivey Law Firm, Personal Injury Attorneys, P.A. as soon as possible.

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