How Long Does It Take to Get a Bicycle Accident Settlement?

If key issues in the case, mostly liability (legal responsibility for injury) and damages (amount of compensation) are crystal clear, most insurance companies have a legal duty to settle most bicycle accidents claims in a few weeks. But these issues are rarely crystal clear. The at-fault driver isn’t always legally responsible for all damages, and many personal injury matters include hidden or future injury claims.

So, in most cases, a San Marcos personal injury lawyer must go through some or all of the litigation process. In almost all cases, this process eventually produces a settlement. However, “eventually” can be a very long time, often a year or more. The delay is frustrating for everyone but ultimately beneficial to everyone. Good things come to those who wait. In these cases, these “good things” include maximum compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Pre-Filing Matters

A good San Marcos personal injury lawyer always puts first things first. So, before they even think about filing claims in court, they ensure that bicycle accident victims get the medical treatment they need.

This step isn’t always easy because many bicycle accident injuries are difficult to diagnose and treat. Head injuries are a good example.

Initial head injury symptoms, like soreness and disorientation, are exactly like accident shock symptoms. Therefore, many doctors believe that bicycle accident victims with head injuries are just in shock and just need rest. As a result, their undiagnosed and untreated head injuries get progressively worse.

Attorneys must do more than add up prior medical bills. They must also estimate the amount of future losses, such as additional medical bills. Many lawyers partner with independent doctors or other professionals in these situations.

Filing the Claim

Liability takes center stage at this point. We mentioned that the at-fault driver, as determined by a law enforcement or insurance investigator, isn’t always fully responsible for damages. That’s because California is a comparative fault state.

If both sides were partially at fault for a wreck (e.g. Ben turned illegally on his bicycle and Joe was speeding), jurors must divide responsibility on a percentage basis. So, if investigators told Ben he was at fault for the wreck, he’s most likely still entitled to substantial compensation.

Initial fault determinations also don’t account for other legal doctrines, such as last clear chance. If Ben pulled out in front of Joe, since bicycles are so slow, Joe most likely had a very good opportunity to slow down or change lanes. His failure to prevent the accident makes him legally responsible for damages.

Resolving the Claim

Sometimes, informal negotiations resolve bicycle accident claims. Negotiations between an insurance company and a San Marcos personal injury lawyer often begin once medical treatment is at least substantially complete.

Generally, however, bicycle accident claims are resolved during mediation. A third-party mediator directs settlement negotiations and ensures that both sides negotiate in good faith. “I’ll see you in court” is a failure to negotiate and “take it or leave it” is a bad faith settlement offer. Because of the court supervision element, civil mediation is about 90 percent successful in California.

Connect With a Savvy San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. We routinely handle matters throughout the Golden State.

Source:

repository.uclawsf.edu/cgi/viewcontent.cgi?article=1581&context=hastings_law_journal