Bicycle accidents are often traumatic for victims, resulting in injuries that change their quality of life and affect their ability to support themselves and their families. In response to these devastating events, victims may file claims to recover damages.
Seat belts and airbags do not protect bicyclists, so their risk of injury is often higher than car occupants. Injuries from bike accidents vary, including fractures, sprains, head injuries, road rash, and spinal cord injuries. To prove victims’ losses from such injuries, our attorneys can record all damages, mainly from repeated hospital visits and missing work. Furthermore, victims may also get non-economic damages from negligent drivers, provided they can prove their pain and suffering from an accident. As we get settlement offers from defendants, we can compare them to our calculations of your damages, including future damages, and negotiate appropriately to reach your desired settlement or take your case to court.
Get a free case review from our Queens bicycle accident lawyers by calling The Carrion Law Firm at (718) 841-0083.
Injuries Victims Might Sustain During Bayside Bicycle Accidents
The risk of victims sustaining painful injuries in bicycle accidents is relatively high because of the lack of protection for bikers when struck by cars. Bicyclists might suffer sprains, fractures, road rash, traumatic brain injuries, and spinal cord injuries, among others, many of which warrant compensatory damages from at-fault drivers.
Fractures and Sprains
Fractures and sprains are some of the most common injuries bicyclists sustain. Even when hit at slower speeds, the force of impact might cause broken bones in the affected area of the victim’s body. Victims might sprain their hands or wrists when bracing themselves for impact with the ground or sustain crushing injuries if pinned between vehicles.
Road Rash
Victims might sustain road rash injuries if thrown from their bicycles during impact. These injuries could become infected if not immediately treated and also cause permanent scarring for victims.
Traumatic Brain Injuries
Even when wearing helmets, bicyclists might sustain head injuries, like concussions or more severe traumatic brain injuries. These injuries typically happen when bikers are hit at fast speeds and thrown from their bicycles, hitting their heads on the ground or other vehicles. Though New York only requires helmets for bicyclists under 14, all bikers should take steps to protect themselves from sustaining head injuries, as defendants might argue their lack of a helmet contributed to their injuries.
Spinal Cord Injuries
Victims could sustain spinal cord injuries when struck by negligent drivers or upon hitting the ground after a collision. These injuries are more common in high-speed accidents and are some of the most devastating injuries to victims. Spinal cord injuries might leave bicyclists partially or fully paralyzed, causing them life-long pain and suffering and continuous medical expenses.
Proving Your Losses from a Bicycle Accident in Bayside
To make a full recovery after an accident, victims must prove their losses, and our attorneys can accomplish this by monitoring all expenses from an accident, as well as victims’ intangible damages.
Proving Current and Future Hospital Costs
We can keep a running tally of all medical expenses by tracking bills as you receive them. Though you may have already incurred costly hospital bills at this point in your case, you might continue incurring damages after your lawsuit ends. To prove that you will need additional surgeries, physical therapy, prescription medication, or other treatment from specialists, our bicycle accident lawyers may enlist medical experts to testify so you get compensated for medical damages you have not incurred yet.
Proving Diminished Earning Capacity and Lost Wages
While some victims cannot return to work temporarily, others can never return at the same earning capacity. This difference in your income is compensable in your case, and our attorneys can estimate your lost income and reduced earning capacity with income statements, paychecks, and statements from medical experts confirming your previous workplace responsibilities are outside your current physical abilities because of the bicycle accident.
Proving Emotional Pain and Suffering
Accidents are traumatic in and of themselves. When you add on catastrophic injuries to victims, they might face additional emotional consequences. Disfiguring or permanent injuries can cause emotional distress, which is compensable, provided victims prove their ability to sue despite New York’s no-fault system under I.S.C. Law §5104. Detailed medical records confirming the severity of their injuries can help show a victim’s likely pain and suffering, as can mental health experts who have helped victims process their anxiety or depression since an accident. New York does not limit non-economic damages for bicycle accident victims who sustain serious injuries, and victims can express the mental and emotional difficulties they have faced by testifying in court.
Analyzing Settlement Offers for Bicycle Accidents in Bayside
When analyzing settlement proposals, it is important to consider your aggregate damages, including potential future losses, so you do not sign an agreement that fails to compensate you.
Preparing proof of damages before settlement negotiations is crucial, as this will give our lawyers evidence we can point to when countering offers and seeking larger settlements. Generally speaking, the first offers from defendants are low, so do not be shocked if that is the case. This initial offer does not necessarily indicate your potential settlement, and we can continue negotiating until we reach the desired result. There is no time limit on settlement negotiations. However, our lawyers appreciate that victims want compensation as soon as possible, so we may employ certain tactics to hasten discussions, like involving reputable experts in your case. Or, if defendants intentionally stall settlement negotiations to frustrate victims and convince them to accept smaller offers, we can respond by taking claims to court and presenting evidence in front of a jury.
Call Our Attorneys to for Help Getting Damages After a Bike Accident in Bayside
Discuss your case for free with The Carrion Law Firm and call our bicycle accident lawyers at (718) 841-0083.