If you were knocked off your bicycle by a negligent or inattentive driver and suffered injuries, a Huntington bicycle accident lawyer can determine if you are entitled to compensation for things like pain and suffering, medical bills, and even lost wages. Bicycle accidents often result in serious injuries due to the fact that riders don’t have the same level of protection as those who engage in collisions in passenger vehicles.
If you suffered a minor or severe injury in a bicycle accident and you are looking to hold a driver accountable for the careless behavior they displayed, your lawyer can help you.
How to Recover Compensation after a Bicycle Accident
When a driver’s negligence causes a bicycle accident, it is only natural for the victim to want to hold them accountable for their actions. A common way for victims to do this is to pursue the at-fault party for financial relief.
A few methods can be used to recover compensation to cover those costly visits to the doctor or even to pay for the surgery you had rendered or will need to have performed in the near future. These include:
- Filing an insurance claim
- Filing a personal injury lawsuit
Your Legal Team Can Help with any Confusing Circumstances
Because drivers are required to carry certain types of auto insurance coverage, you generally can recover compensation to cover some or all of your damages. However, if coverage isn’t available because the driver is uninsured or they didn’t purchase high enough limits, your next step may be to file a personal injury lawsuit against them.
Of course, your lawyer will be able to determine if and when you should file a lawsuit.
Filing a Personal Injury Lawsuit in New York
If you decide to sue the driver who hit you because you suffered severe injuries, you need to be aware of two very important things.
You must prove negligence to win a bicycle accident case. Many different behaviors can be deemed negligent. For example, they might have been looking in the backseat of their vehicle before they came up behind you and struck your bike.
The driver might have been texting on their cell phone. Maybe the driver was not distracted at all but simply did not see you.
Proving negligence in a personal injury case can be challenging, especially if the driver is refuting your allegations. Maybe you saw them on their phone moments before the accident, but they are recounting the incident in an entirely different way. Fortunately, the attorneys at the Law Office of Cohen & Jaffe, LLP always prepare for situations like these and will know what steps to take to prove your claim is valid.
Statute of Limitations
The next thing you need to be aware of when suing for damages after a bicycle accident in New York is the statute of limitations. The statute of limitations is the time frame you have to file suit against another party.
CVP §214 generally allows you three years from the date of your accident or your injuries became obvious to file your lawsuit. If you were to file your lawsuit after the statute of limitations expired, the court might not recognize your case as being valid. Ensure your case is initiated before you run out of time to take legal action.
Types of Damages You May Recover in a Bicycle Accident
A common concern many bicycle accident victims often have is how they are going to afford their medical expenses and take time off from work to recover. Some people rely on weekly or bi-weekly paychecks and cannot afford to miss days, weeks, or even months. At the Law Office of Cohen & Jaffe, LLP, we understand that this may be a major concern for you and your loved ones, which is why our attorneys want to help you address it.
If you have a valid case against the driver who hit you, you may be entitled to recover what is called damages (i.e., financial relief). We will assess your injuries and how the bicycle accident has impacted your life and ability to work to determine what types of damages you are entitled to receive. We will then go after the at-fault party for these.
Some examples of the types of damages you may be eligible to collect include:
- Loss of enjoyment of life: If the incident has decreased your quality of life, you may be entitled to compensation for this.
- Pain and suffering: Money may also be awarded to make up for the physical and mental pain you might be experiencing.
- Lost income: If your injuries prevent you from working, your Huntington bicycle accident lawyer can determine if you should be awarded compensation to cover the wages you were unable to earn.
- Mental anguish: If you are suffering from anxiety, depression, or another type of mental illness as a result of the accident, you can seek compensation to make up for this.
- Medical expenses: You may be eligible to receive compensation to cover the medical expenses you incurred or will incur in the future.
Paying for an Attorney
Working with a lawyer might seem intimidating when you are balancing your finances after an accident. However, we work on a contingency-fee-basis. This means that you will not have to pay us before we start working for you. Our payment comes out of your settlement or court award. You have nothing to lose by calling us.
Call Our Team of Lawyers Today to Learn Your Rights after a Bicycle Accident
To find out if you have a case against the driver who hit you and what it is worth, contact the Law Office of Cohen & Jaffe, LLP at (516) 358-6900. Our lawyers are here to help you understand your right to compensation and help you obtain a fair outcome in your case. To receive a free consultation and learn more about how we can help you after a bicycle accident in Huntington, contact us today.
For a free legal consultation with a bicycle accidents lawyer serving Huntington, call 516-358-6900