Suffering any type of injury in an accident caused by someone else can be a devastating experience that turns your life upside down. Some injuries, however, can have far more severe effects — both immediately and long-term. Head injuries, in particular, can be life-altering due to the various effects they have on your day-to-day capabilities. For bicyclists, head injuries can be the common result of accidents, leaving victims wondering where to turn for help.
If you have suffered a head injury in a bicycle accident, hiring a Murrieta bicycle accident lawyer who has experience in helping bicycle accident victims through the legal process is the most important decision you can make. A skilled bicycle accident attorney can guide you in the right direction to hold the responsible party accountable and seek the fair compensation you need. Continue reading below to learn more about the benefits of having an attorney following a bicycle accident head injury and contact a lawyer today to schedule a consultation.
Understanding Bicycle Accidents
Unfortunately, Bicycle accidents are common, particularly in heavily populated urban areas. Due to the exposed nature of cycling and the size, weight, and speed of other vehicles on the road, cyclists are vulnerable to significant injuries. Among the injuries commonly suffered by bicyclists are head injuries, with some of them causing both immediate and long-term effects. Understanding bicycle accidents, the nature of head injuries, and how a lawyer can benefit you is important when seeking a solution and a pathway to obtain compensation for the harm you have suffered.
Overview of Head Injuries
Though traffic accidents — including bicycle accidents — can result in a wide range of injuries of varying severity, head injuries are some of the most serious. Head injuries run the gamut from relatively minor injuries that a person can recover from quickly to far more severe damage that can leave permanent, life-altering effects and require lifelong medical care. With the seriousness of head trauma, understanding the types of head injuries and the effects they can have on your life is important.
Types of Head Injuries
Head injuries resulting from bicycle accidents vary in type and severity, all of which require immediate medical evaluation and some necessitating more in-depth medical care or ongoing rehabilitation and treatment. Some of the common types of head injuries include:
Contusions: Bruises on the outside or inside of the head.- Concussions: Injuries to the brain caused by sudden movement or impact.
- Fractures: Broken bones in the skull that can damage brain tissue underneath.
- Traumatic brain injuries: Damage to the brain that can lead to long-term cognitive issues.
Regardless of the type of head injury you have suffered in your bicycle accident, you deserve the right to pursue fair compensation.
Immediate and Long-Term Effects
Head injuries often require varying levels of medical attention and can leave the victim suffering from both immediate and long-term effects. People who have suffered head injuries often deal with effects that include:
- Loss of consciousness
- Confusion and memory loss
- Headaches and nausea
- Persistent cognitive difficulties
- Physical disabilities
- Mental and emotional issues
Suffering from both short-term and long-term brain injuries can affect your life in many different ways, including placing a heavy financial burden on your shoulders. Working with a skilled lawyer can provide you with a roadmap to seek compensation to help ease that burden.
The Need for a Lawyer Following a Head Injury Accident
The process of filing a bicycle accident claim or pursuing a lawsuit following a bicycle accident can feel overwhelming. The legal landscape is complex and requires the guidance of a trained professional to avoid mistakes that can derail your pursuit of compensation. Knowing why you need a bicycle accident attorney and the benefits you receive from skilled representation can give you a better idea of what to expect and how to prepare for the stages of the process that lie ahead.
Evaluating Your Head Injury
A thorough evaluation of your head injury is the first crucial step in determining the best course of action and putting together a strategy with your lawyer. Undergoing a full examination by a medical professional and looking at medical records, accident reports, and other evidence from the incident that caused your injury will give your bicycle accident lawyer a better understanding of how to proceed. Your lawyer will assess the value of your claim based on the details of your accident, the severity of your injury, and the overall strength of your case.
Determining Liability
As with other personal injury claims, determining liability after you’ve suffered a head injury in a bicycle accident is one of the most crucial elements in your pursuit of compensation. You and your attorney will examine the details of your accident to identify the responsible party. Some of the most common factors considered to determine liability include:
- Driver negligence
- Road conditions
- Vehicle defects
- Third-party responsibility
Identifying the liable party — or parties — will allow you and your lawyer to build your case and gather evidence to support your claim.
Gathering Evidence
Another critically important role a lawyer plays in helping you pursue compensation following your accident is gathering evidence. Medical records, police accident reports, witness statements, video footage, and any other documentation that can support your claims will be collected and organized as part of your case. Your bicycle accident attorney may also enlist experts — including medical professionals and accident reconstruction analysts — to provide key testimony to bolster your case.
Determining the Value of a Claim
Assessing the overall value of a claim stemming from your bicycle accident head injury involves a detailed evaluation of various damages you have incurred. An experienced lawyer will consider immediate and long-term expenses to ensure your claim covers your needs. Medical expenses, lost income, and the emotional toll the injury has taken on you will all be taken into account. The sections below will explore these different factors in greater detail.
Medical Expenses
Depending on the type and severity of the head injury you suffered, the medical expenses you can incur can be substantial. Initial treatment, hospital stays, surgery, and follow-up appointments can add up to massive medical bills. Your attorney will calculate both your current and future medical costs to come up with a full amount. Assessing these expenses accurately is essential to make sure you seek enough compensation to meet your needs.
Loss of Income
Many victims of head injuries are out of work, either for relatively short periods of time or, in some cases, permanently. If the head injury you suffered in a bicycle accident has prevented you from earning an income or is endangering your future earning capacity, these losses must be taken into consideration when calculating the amount of compensation you will need. Your lawyer will work with you to develop a comprehensive assessment of how your injury has affected your earning potential.
Pain and Suffering
In addition to straightforward expenses like medical bills and lost income, a personal injury claim needs to account for the mental and emotional toll an accident can take on an injury victim. Though such damages may be difficult to quantify, they are no less legitimate and worthy of compensation. A skilled attorney will determine how your injury has impacted your life, including ongoing anxiety, depression, and other lingering psychological effects.
Dealing with Insurance Companies
Communicating with insurance providers can be complicated and frustrating under any circumstances, but attempting to do so after suffering a head injury in a bicycle accident can be even more challenging. While insurance companies are often professional and helpful, their top priority is always to look after their own profits and avoid large payouts whenever possible. Having a strong bicycle accident attorney on your side is vital to protect your rights.
Negotiating with Insurers
Negotiating with insurance companies can be tricky. Insurers have teams of highly trained and savvy adjusters who use a variety of tactics to convince claimants to settle for far less than their claims may actually be worth. Letting your lawyer handle all communication and negotiation with insurance providers will prevent you from falling prey to these tactics and allow you to remain focused on taking the necessary steps to obtain the compensation you deserve.
Defense Against Common Tactics
Though insurance companies utilize several tactics to minimize payouts on accident claims, an experienced attorney can recognize them and advise you accordingly. Some of the common tactics used by insurers include:
- Blame-shifting
- Low-ball initial offers
- Delaying communications
Your lawyer will act as your advocate in all interactions with insurance companies to keep them from taking advantage of you or backing you into a corner to accept a lower settlement offer. Many people assume they can handle insurance claims, yet they have no idea how contentious insurance adjusters can be. Without representation, there is a real risk of leaving money on the table.
The Litigation Process
While many accident claims can be settled out of court, there are cases in which negotiations do not prove fruitful, and the claim heads to court. The litigation process can help ensure you have the best opportunity to resolve your claim and obtain the financial compensation you need following your accident. Lawsuits can easily feel overwhelming and stressful, but with the help of a strong attorney, you can feel confident that your case is in good hands.
When Litigation Becomes Necessary
Your lawyer may advise you that litigation is your best course of action when negotiations have not been productive, and other options have been exhausted. Low-ball offers from insurers, delays in communication to stall the claims, disputes about liability, and other circumstances may result in litigation being your best path to seek the outcome you want. Trusting your attorney to lead you in the right direction is key here, as you rely on the counsel of an experienced professional.
Legal Procedures and Representation
Litigation involves several phases that are too complex for anyone other than highly trained professionals to navigate. Your lawyer will handle all filings of required documentation, meeting all applicable deadlines, and compliance with the rules and regulations of court proceedings. From the initial filing through gathering evidence and presenting arguments in court, your attorney’s representation is crucial, allowing you to focus on your physical recovery.
Pursuing the Most Favorable Outcome
Seeking an acceptable result to your claim through litigation requires a strategic approach and insightful preparation. Building a strong and compelling case with supportive evidence will lay the foundation for an effective case. Throughout the process, whether negotiating toward a settlement or advocating on your behalf in court, your lawyer will protect your rights while seeking to maximize the compensation you can potentially obtain. With the help of the right attorney, you can have the opportunity you deserve to reach a fair resolution.
Trust an Experienced Bicycle Accident Lawyer for Help
Finding your way through the complicated process of pursuing financial compensation after an accident is overwhelming. Fortunately, with the help of a highly trained legal professional, you can be confident that your attorney is protecting your interests as you seek a favorable outcome. With so much riding on the outcome of your injury claim, you owe it to yourself to work with a knowledgeable Murrieta personal injury attorney to put yourself in a strong position to reach the result you need.
Christopher C. Walton, Murrieta Bicycle Accident Lawyer
If you are a bicyclist and have suffered a head injury in an accident caused by someone else, you have the right to take legal action to pursue fair financial compensation to pay your medical bills, cover for lost earnings due to being out of work, and help you deal with the pain and suffering you have sustained. Don’t let the head injury you suffered leave you shouldering the physical, emotional, and financial burdens without help.
Let an experienced bicycle accident lawyer take some of the load off your shoulders and lead you in the right direction. Take the first step today by contacting a bicycle accident attorney to schedule a consultation to discuss your situation, learn about your legal options, and start moving in the right direction.