You were riding your bicycle when you were struck by a motor vehicle and sustained injuries. Often, the consequences of a bicycle accident are serious. As you struggle with mounting medical costs and missing work time, you may be wondering how long it takes to resolve a bicycle accident claim.
If you were not at fault for the accident, you do have rights. You have the right to seek compensation for your losses. However, the lawsuit procedure is lengthy, as we will discuss below.
How Long Does It Typically Take for a Bicycle Accident Claim to Be Settled?
It’s difficult to estimate the typical duration of a bicycle accident claim. Each situation is unique, and you may receive compensation sooner than another individual. However, we have found that the majority of personal injury claims take between one and two years to resolve.
We realize how desperate you are for compensation following your accident. Regrettably, the recuperation procedure requires some patience. Accepting a settlement too quickly might actually hinder your case, as it means you’re accepting a cheap offer.
The time required to resolve your claim is determined by each phase in your case. Let’s examine the various stages and their impact on your schedule.
Investigation of the Initial Accident
It is critical to gather evidence following your accident. There are several things you may do immediately on the scene, including the following:
- Requesting a copy of the accident report from the police
- Photographing your injuries and bike damage
- Obtaining witnesses’ contact information
- Obtaining any necessary emergency medical treatment
- You may significantly aid your case by accumulating evidence immediately following the incident. However, your health comes first. Collect information only if you are well enough.
Treating Injuries From Bicycle Accidents
Consult a physician as soon as possible following your accident. You will require documentation of your medical care. Inform your doctor of any symptoms you are experiencing.
If you wait too long to seek treatment, your claim will suffer. Additionally, it is prudent to perform all medical procedures prior to filing your claim. If this is not possible, you will want an accurate estimate of your future medical expenses.
Treating accident injuries takes time — and the more serious your injuries are, the longer you may have to wait. While waiting is worthwhile, the additional time may cause your claim to be delayed.
Consultation with a Bicycle Accident Attorney
It is prudent to contact an attorney as soon as possible. Consult with a reputable bicycle accident attorney in your region. The majority of attorneys (including John Foy & Associates) give a no-cost consultation.
You may explain your situation during the initial meeting. Your lawyer will inform you of the anticipated timeframe for the remainder of the case.
Compilation of Accident-Related Evidence
After you retain the services of a lawyer, they will begin gathering further evidence regarding the event and your injuries. Several examples of evidence include the following:
- Medical expenses
- Salary stubs
- Nota médica
- Quotes for bicycle repairs
- Statements of witnesses
- Pictures
- Collecting evidence to support your claim can be time consuming. However, it is time well spent, with the intention of achieving the best end.
Suggestions for Submitting the Demand Letter
When you are prepared to submit your claim, your attorney will send you a demand letter. The demand letter notifies the insurance company of the at-fault driver that you are asking reimbursement.
Obtaining an Agreement
After receiving your letter, the insurer will contact you with a settlement offer. Typically, the initial offer is a lowball that you do not wish to accept. Your attorney will respond with a counteroffer, and this process will likely repeat itself multiple times.
The duration of this phase will be determined by the negotiation. Insurance companies will hunt for opportunities to pay you less than you are entitled to. Your lawyer may be required to spend considerable time negotiating.
If the insurer is able to reach an agreement, he or she will give you your reimbursement. This is the point at which your bicycle accident claim will be resolved.
Proceeding with a Lawsuit
The majority of claims are resolved throughout the course of the talks. However, there are situations when a resolution that benefits both parties is impossible. In that situation, you may choose to pursue legal action.
Filing a lawsuit is a significant choice. Trials entail a significant investment of time, money, and patience. Consult your lawyer to determine whether or if a suit is the appropriate course of action for you.
If you file a lawsuit, your case will take significantly longer to resolve. However, if you prevail at trial, you might walk away with far more money.
Why Are Bicycle Accident Claims So Time Consuming?
Numerous factors might cause a bicycle accident claim to be delayed. The following are some examples:
- You’ll want to wait until all medical therapy has been done.
- You may be required to wait for your physician’s office to provide your medical records.
- Negotiating with the insurance provider might be time-consuming.
- If you are unable to reach an agreement, you may consider launching a lawsuit.
- Injury victims are sometimes taken aback by the length of their lawsuit. Bear in mind that a quick settlement is not always preferable. In most cases, you’ll have to wait longer to receive the money you deserve.
Will I Have to Take My Bicycle Accident Claim to Trial?
Generally, you will not be required to appear in court. Even if you file a case, the likelihood of settling before to the trial date is substantial. Consult your attorney on the possibility of going to trial.
It is hard to predict the duration of your bicycle accident claim. You do, however, have a limited time period in which to file your complaint. Consult an attorney as soon as possible to determine your alternatives. The earlier you begin, the more powerful your claim will be.