Florida Bike Accident Lawsuit
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Florida Bicycle Injury Lawsuit
The Basics of your Florida Bike Accident Case
If you were injured in a bicycle crash, you have the option of bringing a Florida bicycle accident lawsuit. As Florida bicycle injury attorneys, we have experience with pursuing these kinds of bike injury cases. Before any legal action, you should seek medical attention for your bike crash injuries right away. Documenting your injuries through medical records will help increase the value of your Florida bicycle accident lawsuit. Make sure to follow your doctor's recommendations as well. If your physician advises you to complete physical therapy, follow through on the prescribed treatment. Failing to follow through on treatment will negatively impact your Florida bicycle accident case. Legally speaking, your responsibilities are limited in a bike injury lawsuit. Let your lawyer do the work for you while you focus on getting better. Hire a qualified Florida bicycle accident lawyer who will handle the heavy lifting for you. To learn more, give us a call at 561-316-7207 to discuss your potential Florida bike crash lawsuit.
FL Bike Accident Case: Who is at Fault?
Most Florida bicycle lawsuits we handle are considered 'disputed liability cases'. This means that both parties in the bike accident case are claiming the other person is responsible for the crash. For example, take a look at the photo to the left. If the SUV hits the bicyclist, it is likely that a bicycle injury claim will be brought. The SUV driver will likely claim the cyclist swerved into his lane, and the cyclist will claim that the SUV drifted over into the cyclist's path. Ultimately, if there are no witnesses, it is the word of the cyclist versus the word of the driver. A good bike accident lawyer will visit the scene of the accident, obtain photos of the property damage to the bike and the car, and possibly hire an accident reconstruction expert to recreate the crash. All this evidence will support your side of the story in a disputed liability bicycle accident lawsuit.
I think I am partially at fault for causing the bike accident. However, I think the driver of the car was also at fault. Can I still bring a bike crash lawsuit in Florida? Absolutely. Florida allows for allocation of fault, also known as comparative liability. This means that, even if you were 50% at fault for the bike accident, you can still bring a Florida bike injury case. Speak with a Florida bicycle accident attorney to learn more.
I was cited as being at fault on the police report. Does that mean I cannot bring a Florida bicycle accident lawsuit? Not at all. The police report is not very significant to the underling bicycle injury lawsuit. In fact, police reports assigning fault are inadmissible evidence in Florida bicycle accident cases. This means that the police report will never be shown to your jury.
Florida Bicycle Accident Lawsuit: What are my Damages?
Why do people bring Florida bicycle injury lawsuits? It is to recover money damages for various injuries sustained in the bike wreck.
Past Medical Bills. This is something your lawyer will compile for you. Past medical bills related to the bike accident injury are generally always claimed in a Florida bicycle crash lawsuit.
Future Medical Bills. This is something that your treating doctors will give to your lawyer in deposition. This dollar amount is the estimated future treatment you will need for your bike accident injuries for the rest of your life.
Lost Wages. Did you miss work as a result of the injuries claimed in your Florida bike injury case? If so, ask your attorney to claim lost wages or loss of future earning potential in your case.
Pain and Suffering. This is also known as noneconomic damages, or human damages. This component of your Florida bicycle crash case represents the intangible losses you suffered as a result of your injuries. For example, what is it worth to wake up everyday with back pain? How much is it worth to never be able to lift more than 15 pounds for the rest of your life? Your lawyer will help you determine a fair dollar amount for these losses.
Florida Bike Injury Case: What is my Bike Accident Case Worth?
Don't be embarrassed. We get asked this all the time! People bring Florida bicycle accident cases in order to get money for their injuries. It is a perfectly normal question to ask, 'What is my Florida bike accident case worth?' Unfortunately, we do not have clairvoyant powers. Each Florida bike injury case is different. Therefore, each Florida bike accident lawsuit has a different value. For a free Florida bicycle injury case evaluation, call us at 561.316.7207. We will try to give you an expected settlement range for your bike accident claim, based on your unique bike crash case facts.
Florida Bicycle Accident Settlement
Florida Bicycle Crash Lawsuit: The Process
Every Florida bicycle crash lawsuit is different. However, most cases follow this general outline.
- Notice to Potential Insurance Companies. Your Florida bicycle accident lawyer will notify all insurance companies who may provide coverage for your injuries. This will let you know what kind of insurance coverage is available to you in your Florida bike accident lawsuit.
- Demand for Settlement. Your attorney will gather all your medical bills, speak with you and make a demand for settlement to the insurance company. The insurance company will either pay you what you want, or your attorney will file the Florida bike crash lawsuit.
- Filing the Complaint. The Complaint is the formal pleading filed with the court which officially starts the Florida bicycle injury lawsuit. Your attorney will hire a process server to serve the Complaint on the at fault party.
- Discovery. Your attorney will send written discovery to the other party and its insurance company, once the bike crash lawsuit is underway. This will allow your attorney to gather critical evidence from the other side, including photos of the accident scene, witness statements, etc.
5. Depositions. You will sit for a deposition, taken by the other party's attorney. A deposition is a sworn statement under oath where you will simply tell the truth as to what happened. This is a required step in the Florida bike accident case. Your lawyer will take the at fault driver's deposition too, along with any witnesses. Depositions can be used later on if the case goes to trial.
6. Mediation. Mediation is required in Florida bicycle accident lawsuits. Mediation is an informal settlement conference where the other side will make offers to you to settle your case. Ultimately, the decision to settle your case is totally up to you. Your attorney will help you determine if the insurance company's offer is reasonable though. If your Florida bicycle accident case does not settle at mediation, the final step is trial.
7. Trial. This is the final step of the Florida bike crash lawsuit. If your case does not settle, your attorney will try the case. This is usually done before a jury of 6 people. A Florida bike accident trial can last anywhere from 2 days to 2 weeks. It really depends on your injuries. After the FL bike crash trial, the jury will issue a verdict in your favor, or the other party's favor. That ruling typically becomes a binding judgment.
Florida Bicycle Personal Injury Lawsuit: Free Consultation
DO I HAVE A FLORIDA BIKE ACCIDENT CASE?
To speak with a lawyer about your potential Florida bike crash lawsuit, call 561-316-7207 or fill out the free case evaluator to your right.
Florida Bike Crash Case: Will I Have to go to Court?
Your Florida bike accident lawsuit will not go to court unless you want it to. Recent studies by the Florida bar confirm that over 98% of all civil lawsuits settle before trial. This means that the vast majority of Florida bike accident lawsuits will resolve in a confidential settlement, as opposed to going before a jury. Often times, the insurance company will not take your bike injury claim seriously until after your attorney files the Complaint. This means that you might have to litigate your case in order to get a fair bicycle injury settlement. The decision whether to go to trial versus taking a settlement is one you do not have to make right now. You should speak with a Florida bicycle accident lawyer to determine the appropriate path for your FL bike injury case.
Call us at 561.316.7207 to discuss your potential Florida bicycle crash case today.