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Bicycle accident victims have been known to suffer severe injuries while enjoying their hobby. These victims have suffered traumatic brain injuries, amputations, back injuries, and other debilitating injuries that affect their daily lives months and years after the accident. If you have suffered an injury in a bicycle accident in Gaffney, South Carolina, you may have the right to financial compensation if someone else is responsible for causing your collision.
If someone else is responsible for causing your collision, find out what legal options may be available to you. A Gaffney bicycle accident lawyer at Farmer & Morris Law, PLLC can help you understand what compensation you can receive for your injuries.
Damages You Might Recover In A Bike Accident Claim In South Carolina
After suffering critical injuries in a Gaffney bicycle accident, it makes sense to wonder how much you could be awarded. In addition, bike injuries can take a toll on you emotionally, physically, and financially. Therefore, you may want extra confidence from a legal team to know that you are pursuing the right amount of compensation.
You can reach out to an attorney for help determining how much your bicycle accident claim could be worth. A bicycle accident lawyer can discuss your damages in great detail. These details can include the types of losses you have the opportunity to recover and be awarded in your case.
Two of the most common include compensatory damages and punitive damages:
Compensatory Damages
Compensatory damages describe the various types of economic and non-economic damages you have the right to recover when you have suffered an injury in a bicycle accident. Economic damages are monetary and describe all your financial losses. Some examples of economic damages include:
- Medical expenses and future medical care
- Lost wages and potential future earnings
- Miscellaneous expenses such as higher insurance premium costs
- Other out-of-pocket expenses
- Bicycle replacement or repair costs
Non-economic damages are not monetary. They have no set financial price. However, because they can describe how your life has been affected by your injuries, non-economic damages have value. Your attorney will review how impactful the damages have been or are expected to be on your life to ascertain their value. Some examples of non-economic damages you could seek in your claim include:
- Pain and suffering
- Mental anguish
- Loss of consortium
- Diminished quality of life
- Disfigurement or scarring of the skin
Punitive Damages
Although courts do not typically award punitive damages for a cyclist’s injuries, they can significantly impact the outcome of your case when they are awarded.
Punitive damages punish the defendant for their conduct and are only awarded when the defendant’s conduct is considered intolerable or grossly negligent.
Your attorney can give you a better idea of whether you may receive punitive damages in your bicycle accident claim after having reviewed the specific details of your case.
Determining Liability For Gaffney, South Carolina Bicycle Accidents
To recover the compensation you deserve, your lawyer must show that someone else is at fault for your bicycle accident injuries in Gaffney. Bicycle accidents most commonly occur when a motorist strikes a bicyclist. Some of the more common causes of these collisions include:
- Distracted driving
- Drowsy driving
- Aggressive driving
- Traffic violations such as speeding
- Drunk or drugged driving
- Road rage
However, it may surprise you to learn that driver negligence is not the only cause of bicycle accidents. In fact, in some instances, drivers may have lost the ability to control their vehicle due to a part defect or dangerous road conditions.
When these situations happen, multiple parties could share fault depending on the specific circumstances of the crash. Some of these parties could include:
- Municipalities
- Government agencies and officials
- Motor vehicle dealerships
- Motor vehicle parts designers, manufacturers, distributors, or suppliers
- Safety inspectors and motor vehicle maintenance technicians
- Other third parties
Your lawyer’s thorough investigation into the cause of your bicycle accident in Gaffney will reveal the truth. Do not be surprised if our investigation reveals that multiple parties share liability for your injuries. Although your case may become more complex, you could have an increased chance of recovering compensation for your damages.
How Do Insurance Claims Work For Bicycle Accidents In South Carolina?
Filing a claim with the liable party’s insurance company is one of the most common ways bicycle accident victims recover compensation for their damages. Injured bicyclists may be able to file a claim with the liable party’s insurance company based on South Carolina fault laws.
It is important to understand how insurance settlements work, so you are not surprised when you file your claim with the liable party’s insurer. Your insurance settlement will be based on the amount of coverage and the types of coverage the defendant purchased. If the defendant only purchased the minimum coverage, it’s possible that your damages may exceed that limit.
When this happens, the insurer is only obligated to pay out up to the highest limit of the policyholder‘s policy. As a result, you may be left with excess damages that can only be recovered by filing a civil claim in court. Fortunately, your attorney will be prepared to advocate for compensation at trial if it is in your best interests.
Get In Touch With A Bicycle Accident Lawyer In Gaffney Today
After suffering critical injuries in a bicycle accident, filing an insurance claim and bringing your case to court may be the furthest thing from your mind. Fortunately, when you have a Gaffney bicycle accident lawyer at Farmer & Morris Law, PLLC by your side, you can rest easier.
Our team is here to help you recover compensation. Start working on your case as soon as today when you complete our online contact form or call our office to claim your no-cost, risk-free consultation.
