When you are out on your bike, you lack the protection of a steel frame, seatbelts, and other safety measures commonly found in cars and trucks. This means a traffic collision can cause serious injuries. Obtaining fair compensation is important for your recovery. At CaseyGerry, our bicycle accident attorneys have experience seeking damages in San Diego bicycle accident cases, and can help you understand your legal options.
Legal damages refer to the losses you experience as a result of the accident and your injuries. They fall into two main categories: economic and non-economic. Damages are calculated based on a variety of factors, including the type and severity of your injuries, your ability to maintain employment after the wreck, who is responsible for the accident and to what degree, and more. Working with a skilled attorney who understands San Diego’s laws around compensation for bicycle accident claims is incredibly important to your overall understanding of your options, as well as your ability to recover damages in general.
Economic damages are the losses you experience that are financial in nature and are easily calculated with bills, receipts, or financial experts. This often includes property damage, such as your bike and any other items of value you were carrying at the time of the crash.
Economic damages also cover medical expenses. This incorporates any current and future medical treatment related to your accident, including emergency care, surgeries, medical devices, prescriptions, follow-up visits, rehabilitation, and more.
Additionally, a serious injury may prevent you from working for an extended period of time. Lost income can combine with medical costs to cause significant financial strain. If your injuries permanently limit your ability to perform your job or advance your career, you may experience additional emotional and economic hardship. Economic damages help address these financial strains after a San Diego bicycle accident.
Non-economic damages are often harder to calculate and focus on the physical and emotional toll your accident and injuries take. This includes pain and suffering, emotional trauma such as PTSD or anxiety, and a loss of enjoyment of life. If an injury impacts your ability to continue riding bicycles or other sports activities, the law recognizes this to be a basis for damages. When your life is altered due to injuries, you have a right to be compensated. Because these losses are subjective, our San Diego team often collaborates with experts, such as life care planners, to help calculate an appropriate compensation amount following a bicycle accident.
In some instances, punitive damages may be applicable following a San Diego bicycle accident. Instead of focusing on making someone whole again after the accident, these damages are meant to punish the liable party and deter similar future action. However, punitive damages are rare and are only awarded in circumstances where there was particularly egregious conduct.
Cycling collisions can cause significant injuries. If a driver’s negligence caused your losses, our dedicated attorneys could help you determine your legal options and next steps. Contact CaseyGerry to schedule a consultation and learn more about damages in San Diego bicycle accident cases and what might apply in your situation.
