If you’ve been involved in a bicycle accident, one of the most crucial aspects of your case will be calculating the damages. This process determines how much compensation you may be entitled to for your injuries and losses. As specialists in this field, our friends at The Eskesen Law Firm, seasoned legal professionals emphasize the importance of accurately assessing these damages to ensure fair compensation.
Understanding The Types of Damages
Damages in bicycle accident cases are generally divided into two categories: economic and non-economic damages.
Economic Damages
Economic damages are quantifiable costs resulting from the accident. These include:
- Medical Expenses: This covers all medical treatments related to the injuries from the accident, including emergency room visits, hospital stays, surgeries, medications, and future medical care.
- Lost Wages: If the injuries prevent you from working, you can claim compensation for lost income. This also includes loss of earning capacity if your ability to work in the future is affected.
- Property Damage: Often in bicycle accidents, there’s damage to the bicycle itself or other personal property. The cost of repairs or replacement is included in economic damages.
Non-Economic Damages
Non-economic damages are more subjective and include:
- Pain and Suffering: This compensates for the physical pain and emotional distress suffered due to the accident.
- Loss of Enjoyment of Life: If your injuries prevent you from enjoying daily activities or hobbies, you can claim compensation.
- Emotional Distress: Psychological impacts, such as anxiety, depression, and trauma related to the accident, are also compensable.
Calculating Damages
Calculating economic damages involves tallying up all the expenses and losses. This process is relatively straightforward as it involves actual financial losses. However, non-economic damages are more challenging to quantify. Typically, attorneys use one of two methods:
- Multiplier Method: This involves multiplying the total economic damages by a number (multiplier) based on the severity of the injuries.
- Per Diem Method: This assigns a daily rate for pain and suffering, then multiplies it by the number of days the victim is affected.
Working With Legal Professionals
An experienced bicycle accident attorney will be able to accurately calculate both economic and non-economic damages. They often work with medical professionals to estimate future medical costs and economists to assess the impact on earning capacity. In addition, they are skilled in quantifying non-economic damages in a way that accurately reflects the pain and suffering endured.
Final Considerations
It’s important to remember that each bicycle accident case is unique. The extent of injuries, the circumstances of the accident, and the impact on the individual’s life are all factors that will influence the calculation of damages. Consulting with a knowledgeable bicycle accident lawyer is crucial to ensure that you receive fair compensation that covers all aspects of your losses. Remember, the right legal support can make a significant difference in the outcome of your claim.