If you sustained severe injuries in a bicycle accident due to another person’s negligent, reckless, or intentional actions, you might be curious about your legal options, the legal remedies you can pursue, and the time it will take to settle your bicycle accident claim. In the guide below, we hope to answer some of these questions by providing further information regarding the bicycle accident claim process and how long you may have to wait for your claim to settle. Reach out to a bicycle accident lawyer.
The Average Timeline for a Bicycle Accident Claim
Every personal injury case is different, with its own unique circumstances. That is why there is no average timeline for a bicycle accident claim. Depending on the circumstances, these cases can settle quickly in just a few weeks, while others can take years to resolve, especially if the case goes to trial. Yet, while it is challenging to determine how long a bicycle accident claim can take to wrap up, in general, most personal injury cases will take a year or two to sort out. However, the time it takes for one of these claims to settle will depend on countless factors, including the steps involved with the legal process.
Determining Whether You Have a Viable Legal Claim
Before you can determine how long it will take for your bicycle accident claim to resolve, you first need to figure out whether you have a viable case.
Unfortunately, figuring out whether you have a valid case can involve evaluating:
- What are the extent and severity of your bicycle accident injuries?
- Does insurance cover the crash?
- Are there other types of financial remedies you can go after?
- Do you have enough time to pursue legal action, or has time run out to pursue a lawsuit?
If you want to know your legal options after a bicycle accident and whether you can file a legal suit, consider discussing the matter with an experienced bicycle accident attorney as soon as possible.
Your lawyers can determine whether you can take legal action against the wrongful party, review the financial remedies you can pursue, and provide you with more information regarding the process and timelines involved with these filings.
The Extent and Severity of Your Bicycle Injuries After an Accident
One factor that will significantly influence your bicycle accident claim and how long it will take to resolve the case is the injuries you suffered and the severity and permanence of this harm.
Many bicycle accident legal professionals recommend not settling your claim until you reach maximum medical improvement (MMI).
Maximum medical improvement is a term that refers to the point when a person has made a complete recovery after an accident or their doctor has determined that they have plateaued when it comes to recovery.
Lawyers typically want you to wait until you reach this point because it gives them a better idea of the monetary damages you will require now and in the future.
However, how long you wait to reach MMI will depend on the injuries involved. For instance, if you break a bone after a bicycle accident, you may only need to wait a few weeks to know the extent of your injuries. However, if you suffer from a traumatic brain injury, the consequences can last forever, so it can take your doctors years to determine the extent of this injury on your life.
Working with an experienced bicycle accident attorney can help you better understand why waiting for medical improvement is critical to your chances of securing maximum compensation and what you should do regarding your treatment plans and meeting with doctors.
Obtaining Evidence After a Bicycle Accident
Another factor that can impact the timeline involved in your bicycle accident claim is the investigation into your accident. When you retain a bicycle accident lawyer to handle your case, these legal professionals understand how critical it is to secure documents and evidence to help show what happened and who was responsible.
When bicycle accident lawyers get involved, they can quickly look for evidence to support your claim, such as:
- Obtaining police reports, as well as medical treatment records
- Performing their own investigation into the site where the accident occurred
- Interviewing people who saw the accident and getting their testimony
- Retaining experts, such as accident reconstruction specialists or financial specialists, can help validate what happened and the extent of the economic hardships you endured
- Gathering photos and videos of the accident scene and other details that can help show what happened, such as roadway defects
- Requesting employment records and other proof of lost income and benefits
- Consulting medical experts regarding the extent of your injuries
- Requesting sworn statements and records from the other side
This step of the process can take some time to complete, as some of this evidence is not always readily available. However, discussing the issues with an experienced bicycle accident attorney can give you a better idea of how long it may take for your bicycle accident claim to resolve.
Reaching a Settlement
Settling too soon after an accident can hurt your case, as it can result in you accepting too low of a settlement. Furthermore, you also need to understand that when the insurance company gets involved, it will not be for your benefit. Like other businesses, the insurance company wants to make a profit. The less they have to pay out in claims, the more money they make in the long run.
That is why it is common for insurance companies to offer a lowball offer soon after a bicycle accident. They hope that when you receive it, you will not look into whether this amount is fair or discuss it with an experienced bicycle accident lawyer.
However, this offer will probably barely cover any of your current costs, let alone your future expenses. More importantly, if you accept this amount, you cannot go back to the insurance company later and ask for more.
That is why before you accept anything from the insurance company, you will want to discuss the matter with a skilled bicycle accident lawyer, who can review the offer and, if needed, head back to the insurance company and negotiate for more money.
Yet, you should remember that negotiations can take some time, as the process may repeat itself several times. In addition, because insurance companies want to ensure you do not get the money you need, they may try to extend these negotiations so that you cave and accept the lower amount.
When you work with a skilled and knowledgeable bicycle accident lawyer, these attorneys can try to resolve the matter as quickly as possible and go after a reasonable amount.
Pursuing a Lawsuit
While most bicycle accident claims will settle during negotiations, some cases will need to head to trial if a settlement cannot be reached. However, because trials take time, money, and a substantial amount of patience, it is critical to discuss the issue with an attorney and determine if this is the best option for you.
Additionally, when you file a lawsuit, the whole process can take longer to resolve, which means you can wait years to reach a resolution. For instance, some courts will set earlier court dates, while other busier courts will have to postpone your court date for some time. Moreover, if there is a large backlog of cases, it can further delay your case results. However, if you pursue a trial, winning can mean significantly more money.
Due to all these factors, discussing the matter with a knowledgeable bicycle accident attorney as soon as possible may be a good idea. These lawyers can not only help you better understand the time lengths you can be looking at if you pursue a lawsuit, but these attorneys can work to help expedite these claim filings and try to pursue a favorable case resolution as quickly as they can.
Other Issues That Can Affect a Bicycle Accident Claim
While the above factors can impact how long it takes to settle a bicycle accident claim, there are other issues that bicycle accident victims need to stay aware of that can determine how fast a claim will resolve.
The Statute of Limitations
One issue individuals harmed in a bicycle accident must be aware of is the deadlines for filing their legal claim. According to the statute of limitations, bicycle accident victims will only have a few years to file a lawsuit after their crash. If they do not file by these deadlines, the court can stop them from obtaining the money they need.
Yet, while these filing limitations will depend on the type of claim and the state, most victims will only have a few years to file their cases. Plus, if there are exceptions that apply to this law, the deadline to file can also change and, in some instances, become even shorter.
That is why as you are going through the bicycle accident claims process, your lawyer will need to make sure you do not run out of time to file your case. They can help you file the appropriate motions and files before these deadlines expire.
Key Factors That Can Affect Settlement Negotiations
Some other key factors that can impact how fast a bicycle accident claim will resolve include:
- The number of wrongful parties at fault for the bicycle accident
- The credibility of the evidence presented
- The complexity of the bicycle accident claim
- The victim’s patience and willingness to wait to secure maximum compensation
- The amount of financial damages the victim of a bicycle accident is seeking
That is why it is usually in your best interest to contact an experienced bicycle accident lawyer as soon as you can after a bicycle accident. These attorneys can help you understand these factors, how they relate to your case, and how they can impact the timelines involved.
Go Over Your Legal Options With an Experienced Bicycle Accident Attorney
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If you have suffered injuries in a bike accident due to another person’s wrongful actions and want to know your legal options and more details about the legal process involved with filing a legal claim, consider contacting an experienced bicycle accident lawyer as soon as possible. These lawyers can not only go over the facts of the accident with you in detail, but they can determine if you have a viable legal claim and the legal actions you can take next.
Furthermore, your lawyers can also:
- Provide you with answers regarding the legal questions you have and the legal process involved.
- Investigate the bike accident thoroughly and secure evidence to help validate your claims, such as witness testimony and records associated with the accident and your injuries.
- Hire experts that can validate your legal claim.
- Take on the insurance company, their adjusters, and the other side, and fight for a just settlement offer.
- Head before a judge or a jury with your case and fight for the maximum compensation you are entitled to, especially if the other side is unwilling to provide you with a fair settlement offer.
If you have questions regarding a bicycle accident legal claim, do not wait to get the answers you need. Instead, contact an personal injury lawyer today to schedule a free case evaluation and learn how these legal professionals can protect you.