If you’re here, chances are you were involved in an accident where you were a bicyclist struck by a motor vehicle in New York. One of the questions I get all the time when I meet with new clients is, “How much is my case worth?” It’s not an easy answer. It depends on your injury and the extent of your injury; it depends on whether or not your injuries are permanent in nature, and that may take time to evaluate. Say you broke your arm in the accident, you go through the initial healing process and you go through physical therapy and it’s a year later, and you’ve maximized your physical therapy, and it turns out you have some permanency, meaning that there’s some restriction in the use of your arm. That’s important and we need to add that to the value of the case.
Another issue that comes up is liability. Whose fault is it? Who are we blaming? Sometimes there’s an issue as to whether or not you might have some culpability. There’s maybe some finger-pointing. These issues are important and have to be ironed out to come up with the appropriate value. I will tell you that this firm will make sure that you get the most possible compensation that you’re entitled to for your injuries.
Bicycle Accident Settlement Timeline
The other day I had a client come in who was involved in an accident where he was a bicyclist and struck by a motor vehicle in New York, wanting to know how long it was going to take to resolve his claim. It’s a question that I get all the time and it’s a fair question. It depends. There are a lot of complex factors that go into play as to how long a case is going to take.
One of the most important factors is the injury itself. We want to make sure that the client has gone through the process of rehabilitation, of recovery from that injury. We want to get to the point where you know whether or not the injuries are permanent in nature. That’s an important factor in determining what the case is worth and what needs to be done to pursue the highest possible settlement or resolution. The second issue that comes into play has to do with liability. Whose fault is it? Who caused the accident? If there’s some dispute or question as to who the cause of the accident was, those issues need to be ironed out, and sometimes that requires court intervention, meaning a lawsuit and litigation. If that’s required, it can take time. It can take three, four, some cases even five or more years. I will tell you that this firm will do whatever we need to do to ensure that you get the highest possible compensation possible. If it requires litigation, we’ll do that, and we’ll try to get that done for you as quickly as possible.
Bicycle Accident Recoverable Damages
We were asked today by a bicyclist who was in an accident and struck by a motor vehicle who was going to pay his medical bills and who he can go after to recover for his injuries. The answer is the operator of the vehicle that struck you. Of course, we’re assuming that the operator of the vehicle did something wrong and caused the accident. Certainly, if that is the case, you have a claim for pain and suffering and you also have a claim for medical expenses.
In New York City, that vehicle should have, by law, a no-fault provision on that policy that covers up to $50,000. So, regardless of whose fault it is, that $50,000 is there to pay for your medical expenses and is also a provision of the policy that will cover you for lost wages, if you’re unable to work because of the bicycle accident. That’s just the medical, and that’s just the wage aspect of it— what we call economic loss. You also have a claim for conscious pain and suffering for your injuries, and that’s to recover for that period that you’re in pain and unable to do the things that you normally are able to do. We would certainly move forward and prosecute on your behalf if you would need us to do so.
Contact the Law Offices of Brian J. Elbaum today for a free case evaluation.