Full Answer
There is no set formula that tells you how much money you will receive from your bike accident. Some people believe that there is a formula out there that if you plug the numbers in that's how much your case is worth. But this is simply not the truth. Accident cases are much more complicated than this.
The attorneys with The Advocates are ready to help you make the best recovery possible. Since 1993, The Advocates has helped thousands of bicycle accident victims recover millions of dollars for their injuries and losses. We take pride in being one of the nation’s top personal injury law firms. Call 1-888-565-5277 or chat online with a live ...
What bike accident settlements cover. The money you receive in a bike accident settlement is coverage for what are called “damages”. Damages are the costs that you have paid, or the losses you have incurred, as a result of the crash. There are two primary kinds of damages: economic and non-economic. Economic damages are obvious: if you have ...
In that situation, you might want to settle your case for slightly less than $40,000 (i.e., 20% of the expected trial value). So, in general, a case's settlement value is a little less than the trial value multiplied by the estimated chances of winning the trial.
Most personal injury cases are worth under $1 million. If your case settles for an amount above $1 Million, our fees on any amounts above the first $1 Million are reduced according to the maximum amount allowed under the Florida Bar rules.
Frank was shopping at Sedano’s Supermarket in Miami, Florida when he slipped and fell. As a result of his fall, the incision (from a prior surgery) on the back of his lower leg re-opened. Frank needed two skin grafts to close the wound.
In most car accident cases, the attorney only takes a fee on the personal injury claim. In other words, attorneys rarely charge a fee on a settlement for damage to the car. After a personal injury lawsuit, the attorney’s fee usually increases to 40%. Costs are in addition to the lawyer fee. Here in an example:
Certainly, the most subjective factor used in assessing the damage caused by a motorcycle accident is the factor of general damages. General damages are where one would find compensation for any losses involving pain and suffering. Motorcycle accidents can be stressful and traumatic events that can leave victims with years of psychological damage. Two such conditions are PTSD or an aversion to traveling at high speeds or on roadways and highways. General damages are a way for such hard-to-detect conditions and injuries to be compensated for.
There’s no denying that motorcycles are a dangerous form of transportation. Not only are motorcycles less safe than passenger vehicles, motorcycle riders are often cast as reckless speed demons who flagrantly skirt traffic laws. Yet, oftentimes, in the event of a motorcycle accident, motorcycle riders are the actual victims and not the other way around. So, so it’s no wonder why initial motorcycle accident settlements are often lower than those offered to car accident victims.
One additional factor used in the tabulation of a motorcycle accident settlement is that of property damage, typically the damaged motorcycle. Even a minor accident can leave a motorcycle beyond repair. The property damage section of a motorcycle accident settlement is meant to compensate victims for their lost vehicles. In place of the full value of their motorcycles, though, victims commonly receive adjusted compensation based on the Kelley blue book value, which often takes into consideration the exact age, amount of use, and overall quality of the motorcycle before the motorcycle accident occurred.
Time wise, litigation is the longest step in the claim process, possibly extending the life of your claim one or, even, two years. If you do decide to file a lawsuit, be prepared to potentially appear before a judge and jury.
Being hit by a car while riding a bicycle is one of the worst experiences you can suffer as a bicyclist. Beyond a helmet, bicyclists have few protections and often suffer grave, life-threatening injuries. Bicycle accidents have become so common that the risk of suffering one isn’t so much a matter of if, but when.
If you are ready to pursue a bike accident settlement, or just want to discuss your case with an experienced attorney, call Bay Area Bicycle Law now for a free consultation. 415-466-8717.
If you’ve been hit by a car while riding your bike, you may have heard that you can pursue a legal case in order to recoup some or all of the losses you incurred as a result of the crash. And if you’re like most people, you’ve probably wondered if it’s actually worth it.
Most attorneys take 1/3 of the settlement amount as their fee. They will also use the settlement funds to pay off any liens or other financial obligations you have as a result of the case. Once the required payments have been made, then your attorney will give the remaining funds to you.
It’s important to note that once you receive a settlement, that is it. You cannot go back and ask for more later, so you must be sure that you are asking for the right amount when you do ask.
Damages in a personal injury case are usually divided into two types: 1 damages capable of exact calculation (generally called special damages), and 2 damages not capable of exact calculation, i.e., pain and suffering
Unfortunately, calculating future lost earning capacity is much harder, and generally requires your lawyer to hire an economic expert to properly present lost future earning capacity to the jury because it involves the concept of present value.
A case's settlement value is what you reasonably hope to settle the case for. The settlement value will be much lower than the trial value because you settle a case in order to avoid the risk of losing at trial. In litigation, a bird in the hand is definitely worth two in the bush.
To value a motorcycle accident case, you have to consider two things: liability and damages. Liability means who was at fault for the accident. If there is no liability, either because the person who hit you was not negligent, or because you simply can't prove that the other driver was negligent, your case will not be worth very much. This is because it is always the plaintiff's burden of proving that the defendant was negligent. So, if the other driver was not negligent, he or she doesn't owe you anything. (Learn more about Proving Fault for a Vehicle Accident .)
In litigation, a bird in the hand is definitely worth two in the bush. On the other hand, the trial value is what you reasonably expect to win at trial. Let's look at an example to see how settlement value and trial value relate.
Special damages are the plaintiff's past, present, and future lost earnings and lost earning capacity, including employment benefits, medical bills, and other financial losses. Special damages are capable of exact calculation because they are calculated to the dollar.
If you have serious pain, tell a doctor about it . If your doctor does not document your injury in your medical records, do not expect a big payout. You need to know how much your case is worth in order to get the most money possible. This is the toughest step for someone without a lawyer.
When Eugene rented the car, he did not list Ashley as an additional driver. And since Ashley wasn’t married to Eugene, Sedgwick did not offer bodily injury liability coverage above $10,000. Unfortunately, this is the law.
Cesar had insurance on his van with United Auto Insurance Company (UAIC). UAIC took his recorded statement (with me also on the phone). Cesar’s personal injury protection (PIP) on his car insurance paid $10,000 to the hospital and his medical providers.
For a Cuban-American 30-year-old who was rear ended (while stopped in the emergency lane) on I-95 by a driver insured by State Farm Insurance. My client’s injuries included back pain and a serious eye injury.
On behalf of a 26-year-old man who was injured (while he was on a scooter/moped) when a NAPA van’s front end crashed into the moped. According to the police report, the driver of the van stopped and rendered aid but then fled the scene without giving any information.
The Property & Casualty Insurance company of Hartford paid $100,000 to a passenger in a one car collision. The driver of the car pressed the accelerator instead of the brake.
Sara was driving her car in North Miami Beach, Florida. Another car was heading in the opposite direction. The other car made a left turn into Sara’s right of way. They crashed into each other.