According to the National Safety Council, the cost of bicycle accident injuries and deaths is over $4 billion annually. This is an astounding price tag that an injured person and their families may have to pay. However, if another party caused your accident and your injuries, you could be eligible for compensation.
With the help of a Marksville bicycle accident lawyer, you may be able to recover economic damages, such as lost wages and medical bills, and non-economic damages, such as pain and suffering or the loss of enjoyment of life, from the liable parties in your accident. A knowledgeable personal injury attorney could help you pursue a claim for compensation through strategic negotiation and presentation of evidence.
Types of Damages
The main purpose of a civil lawsuit after a bicycle accident is to put the plaintiff in the same condition they were in prior to the accident. While certain injuries and life circumstances cannot be reversed, the ideal outcome of the lawsuit for the plaintiff is to regain financial and mental security. To do this, the law allows juries to award plaintiffs compensation for several different categories of damages. These categories may include:
- Property damage
- Past and future medical and therapy expenses
- Lost wages
- Decreased earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
While some states place limits on the amount a plaintiff can recover in a bicycle accident case, Louisiana does not do so. Juries in this state may award what they believe to be reasonable and fair in accordance with the law. These categories could be considered in both a settlement and when going to court for a jury award. A Marksville bicycle accident lawyer could help an injured person discern which types of damages they may be eligible for.
For a free legal consultation with a bicycle accident lawyer serving Marksville, call (318) 777-7777
The sooner a bicycle accident plaintiff contacts an attorney, the greater their chance of recovering damages for their injuries. Evidence and information regarding the collision might still be available and may be less biased immediately after the accident. There is also a deadline to file a bike crash claim.
The prescriptive period is a time frame in which plaintiffs can file a civil court case. According to Louisiana Civil Code 3492, plaintiffs have one year from the date of their accident to file a claim in civil court. In rare circumstances, a different deadline may apply.
Injured individuals should discuss how the statute of limitations applies to their case with a Marksville bicycle accident lawyer. Doing so may be the difference between obtaining compensation and being permanently barred from financial recovery.
Marksville Bicycle Accident Lawyer Near Me (318) 777-7777
Avoyelles Parish Bicycle Accident Lawyer
Potential Injuries in Bicycle Accidents
Bicyclists are at risk for a variety of different injuries in an accident. Although helmets and other gear can provide some protection, they are often insufficient. Some common injuries sustained in cycling accidents include:
- Head trauma
- Neck or back injuries
- Disc bulges or ruptured discs
- Bone fractures
- Internal organ damage
- Soft tissue damage
Compensable Damages in Avoyelles Parish
Cycling accident victims are often burdened with medical expenses, physical pain, emotional trauma, and a decreased quality of life. When an Avoyelles Parish bicycle accident attorney steps in to help, bike riders might be able to recover monetary compensation for these damages. Other recoverable damages could include compensation for:
- Scarring or disfigurement
- Loss of enjoyment of life
- Lost income or future earning capacity
- Loss of consortium
- Loss of society
- Loss of a bodily function or limb
Not all of these damages will apply to every bicycle accident case. An injury victim should discuss their injuries and expenses with a competent bike collision lawyer in Avoyelles Parish to determine what their case might be worth and which of these damages might apply in their case.
Bicycle Accident Cases and Plaintiff Liability
One of the most common defense strategies used by defendants and their attorneys is to argue that the plaintiff caused their own injuries. Their goal is to take some or all of the liability off of the defendant. They may purport that because the plaintiff was speeding or distracted at the time of the accident, they share some of the blame.
Under Louisiana Civil Code § 9:2323, courts use the concept of pure comparative fault in personal injury cases, meaning they consider the actions of all parties involved. If the victim is partially responsible for the accident, they can still recover compensation, but the total award will be reduced by their percentage of fault. For example, if a jury finds the plaintiff 10 percent responsible for causing the accident, they will only be able to collect 90 percent of their total damages from the defendant.
Reach Out To An Attorney
Being injured in a bicycle accident may result in endless medical bills, the physical pain of recovery, and phone calls from insurance companies. These consequences might feel even more burdensome if the accident occurred due to the carelessness or recklessness of another party. Fortunately, a seasoned attorney could help you ease your burdens during this difficult time.
If you have questions about recovering damages for your bicycle accident, reach out to a Marksville bicycle accident lawyer. Call today to discuss your situation, legal rights, and to potentially start the process of seeking compensation for your damages.