Are you ready to file a bicycle accident lawsuit?
Distracted drivers, impassable roads, and poor visibility can cause a cycling accident at any time. Your injury might leave you with permanent physical pain or mental anguish that costs you time and money.
With all these, it’s always helpful to hire a reputable cyclist attorney, but you must do everything in your power to prepare yourself.
What are the most common mistakes that lead to case dismissals? How can you avoid these mistakes in bicycle accident lawsuits?
Keep reading, and let’s talk about that.
1. Not Seeking Medical Attention Immediately
Delaying or forgoing medical attention can lead to many problems and ultimately hurt the case of the bicycle accident victim. For instance, it can present the jury and judge with the impression that the injuries were not that severe and the plaintiff is exaggerating their damages.
Furthermore, delays in medical treatment can allow an insurance carrier to argue that an intervening cause led to specific injuries.
To avoid this mistake, injured parties should seek medical care right away and follow up with their doctors. Documenting any medical appointments is essential in showing the jury that the medical condition was serious and necessary to prevail in a lawsuit.
2. Not Contacting the Police
It is important to contact the authorities as soon as possible to have an official record of the accident. Without this, it can be difficult to prove your case in court.
By filing a police report, you are creating an official record of the accident that can be used as evidence later on. This can help you build a stronger case in court. Contact the police, as this will help you build a strong case in court to get the compensation you need.
3. Not Gathering Evidence
Witnesses, if there are any, should be interviewed at the scene. Photos should be taken of the area, and physical evidence of the accident, such as broken parts, skid marks, and other pieces of evidence left at the scene should be documented and collected immediately.
Police report and medical records should also be obtained. Additionally, potential defendants and liable parties should be identified quickly, and a complete list of potential witnesses should be made.
4. Not Hiring an Experienced Bicycle Accident Attorney
Without the guidance of a professional, those attempting to pursue a claim may end up unknowingly neglecting important evidence or missing out on filing important documents in a timely manner. Additionally, they may be unable to effectively advocate for their rights or fail to comprehend the nuances of the law.
This can have devastating consequences on the outcome of their claim. Therefore, it is important to seek the legal counsel of an experienced attorney with a background in bicycle accident law.
So don’t delay hiring a personal injury lawyer. An experienced attorney will be able to properly guide their clients through the legal process and help them navigate the complexities of the law to ensure their rights are effectively represented.
5. Settling Too Quickly
When dealing with a bicycle accident lawsuit, one of the most common mistakes that are made is settling too quickly. This can be due to either a lack of understanding of the legal process or unnecessarily rushing the case due to financial or emotional stress.
This mistake can cost the bicyclist thousands of dollars in the long run as the settlement may not cover the total expenses for:
- lengthy medical bills
- lost wages
- other damages
A bicyclist should resist the urge to settle quickly, even if it appears as a tempting offer initially. Negotiating with insurers is always a lengthy process, so it’s important to stay the course and understand all the legal exposure they may face when settling.
Finally, a bicyclist should be aware of the potential risks of going to court and prepare for the possibility of a judgment either way.
6. Failing to Consider Future Medical Expenses
Failing to consider future medical expenses is one of the most common mistakes made in bicycle accident lawsuits. To avoid this error, it is important to pay close attention to the nature of the injuries sustained in the accident and how they may affect your ability to work and engage in activities of daily living now and in the future.
Other considerations can include lifestyle changes due to the accident, such as:
- becoming wheelchair dependent
- needing physical therapy
- needing modifications to your home
To ensure that medical expenses for years to come are considered, again, consult an attorney who specializes in bicycle accident lawsuits and can accurately assess the true cost of the accident.
With an experienced and knowledgeable lawyer on your side, you will be better able to obtain the financial compensation you need to make your life as normal as possible.
7. Not Filing the Lawsuit Within the Statute of Limitations
The statute of limitations or the lawsuit filing deadline varies by state and case, but generally, a lawsuit must be filed within two years of the accident. Failing to file the lawsuit within this timeframe can lead to the dismissal of the bicycle accident case, meaning the injured party won’t receive the compensation they deserve.
To avoid this, you should always consult a qualified legal professional to assist with the filing of any lawsuit, as well as make sure to understand the applicable statute of limitations. Doing so will help ensure that the injured party gets the compensation they need and deserve.
Avoid These Common Mistakes in Bicycle Accident Lawsuits
As a cyclist, it is important to know how to protect yourself when it comes to bicycle accident lawsuits. Being aware of the common mistakes in bicycle accident lawsuits can help you avoid them and move forward with a successful resolution.
If you need more assistance navigating the complicated world of bicycle accidents, consider reaching out to a qualified bicycle injury lawyer.
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