There is no average bicycle accident settlement in Virginia because every case is unique. If a negligent driver or other at-fault party hurt you or someone you love, they may owe you damages, but how much will depend on the facts of your claim.
Working with a Virginia bicycle accident lawyer from our firm can help you identify all of your losses and ensure you seek the maximum compensation possible.
What Factors Can Affect a Bicycle Accident Settlement?
Many factors can affect the amount of your bicycle accident settlement in Virginia, including:
The Severity of Your Injury
How severe your injuries are will significantly influence your bicycle accident compensation. Generally, severe injuries require more medical treatment and lead to higher medical expenses, which you may be able to recover as part of your settlement. In addition, severe injuries often have a greater effect on your physical, mental, and emotional well-being, which can increase your damages for “pain and suffering” and inconvenience.
Your Income
Your current income will determine the lost wages you can pursue. It will also be the basis for determining compensation for lost future earnings and lost earning capacity if you cannot return to work.
Your Age
Younger accident victims may be able to secure a larger settlement than older victims because they may have more years ahead of them in which their injury will affect their quality of life and ability to earn a living. They may also require more years of ongoing medical care.
The Available Insurance Coverage
The liable party’s insurance policy limits can influence your settlement amount. The insurance company’s aggressiveness during negotiations and willingness to offer fair compensation can also play a role.
The Strength of Your Personal Injury Case
The stronger your case is, the more likely it is that the liable party’s insurance company will settle the claim for the amount you deserve.
What Damages Can You Seek in a Bicycle Collision Settlement?
If you suffered an injury in a bicycle crash caused by a negligent driver, you can seek compensation for economic and non-economic damages.
Economic damages include your actual, out-of-pocket expenses and expected future losses. These damages are identifiable using bills, estimates, receipts, wage records, and invoices. Examples include:
- Hospital and doctor bills
- Ongoing treatment, like physical therapy and follow-up procedures
- Medications and medical equipment
- Nursing services
- Lost wages, earnings, and benefits
- Lost future earning capacity
- The value of household services you cannot perform due to injury, such as cooking, cleaning, and home maintenance
Non-economic damages include awards for “pain and suffering” and inconvenience. These losses are not as easily assigned a dollar amount. They may include compensation for:
- Disabling and permanent injuries
- Scarring
- Disfigurement
- Chronic and severe pain
- Mental anguish
- Emotional distress
- Loss of enjoyment
- Diminished quality of life
Our Virginia personal injury lawyers can determine fair compensation for non-economic damages and fight for them in your bicycle accident settlement.
How to Prove Your Right to Bicycle Accident Compensation?
Proving you deserve bicycle accident compensation requires demonstrating that a liable party’s negligent actions caused your injuries and losses. A party is negligent when they break the law or behave in a manner most others would not find reasonable. They are financially liable when their negligent actions harm another party, leading to financial damages.
In a bicycle crash, the liable party is often a motor vehicle driver. However, liability could also rest with another bicyclist or a pedestrian. Negligent actions that could lead to a collision include:
- Failing to yield the right of way to a cyclist
- Failing to stop at a stop sign, red light, or marked crossing
- Walking or driving in a bicycle-only lane
- Not allowing a bicycle rider their rightful use of a roadway
- Passing or following a bicyclist too closely
- Speeding
- Driving distracted
- Driving drunk
- Driving recklessly or aggressively
You must build your case using evidence. Proof in a bicycle accident claim may include medical records, police reports, debris and other information from the crash scene, eyewitness statements, and testimony from relevant experts.
How Long Do You Have to Seek a Bicycle Accident Settlement in Virginia?
You should file an auto liability insurance claim with the at-fault party’s insurance company as soon as possible. There could be short policy deadlines, and if you miss your window, the insurer could use it as a reason to deny your settlement.
If you must sue to get the compensation you deserve, Va. Code § 8.01-243 allows two years to file a personal injury lawsuit. If you are seeking justice on behalf of a fatally injured family member, you also have two years, according to Va. Code § 8.01-244. If the statute of limitations expires, you likely cannot pursue your case in court, and it will also reduce your insurance bargaining power.
Can a Bicycle Accident Lawyer Get You a Larger Settlement?
Working with our bicycle accident attorney does not guarantee you will get a higher settlement. However, engaging legal counsel can protect you from mistakes and pitfalls that could hurt your claim. It can also ensure you identify and pursue all your losses, and it sends the message to the insurance company that you will not accept a lowball offer.
Our lawyers can also take the work of case building off of your plate, allowing you to focus on your health. Our legal team can:
- Make sure your insurance claims are prepared and filed correctly and on time
- Handle case-related communications, saving you time and shielding you from accidentally saying or doing something that could reduce your compensation
- Use our legal experience and knowledge to aggressively negotiate for maximum compensation
- Fight for the money you deserve, even if that means taking your case to trial
Contact the Parrish Law Firm, PLLC, to Discuss Your Legal Options
Attorney Jim Parrish began his career defending insurance companies from claims, giving him information from inside the industry he now uses to benefit injured clients. He and the Virginia bicycle accident lawyers at the Parrish Law Firm, PLLC, know how to get maximum compensation. Let them fight for you.
Contact us online or call for a FREE claim review. We take cases on contingency.
Call or Text 571-229-1800 or Complete a Free Case Evaluation form