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What to know about bicycle injury claims

A bike accident can leave you reeling in shock and you may find yourself spending most of your time and energy healing, both physically and mentally. Likely the last thing you’ll want to do in this situation is to spend hours pondering over the intricacies of filing a claim, as you try to get it right the first time. However, certain steps need to be taken in order for you to get the cycling accident compensation that you deserve.

Luckily you don’t have to tackle this on your own, a professional injury claim lawyer can help guide you through the process. Your legal representative will be able to answer any questions that you have, but for the claim to go as smoothly as possible, it is good to know what to expect. This article will help you prepare for the bicycle accident compensation claims process.

Making a bicycle injury claim

Getting hit by a car when you are cycling can result in life-altering injuries, not to mention psychological damage. Needless to say, as a bicyclist you are at far more risk than a driver in case of a collision. If you are the victim of a bicycle accident, you could be eligible for pain and suffering damages on top of physical injury damages.

In the case of a bicycle injury, the fault must clearly rest on the person who was driving the motor vehicle for the cyclist to be granted compensation. Therefore, the first step to getting your bike accident compensation is to file a claim and prove that the resulting injury was of no fault of your own.

Ideally, the claim should be managed by a personal injury lawyer as they will have experience in helping create the best case for why you need compensation. From gathering evidence to proving losses, your lawyer will be there every step of the way to support you in your journey.

There are many different types of injuries that can result from a bicycle accident. It’s important to keep and maintain evidence that proves the physical trauma that came from the accident, such as medical records and physician statements. Your lawyer can help you make sure that your injuries fit the requirements to file a claim.

Your cycling accident claim could take anywhere from one year and up to two years to finish, depending on each case’s unique factors. Professional aid will also help make the process quicker.

Requirements to file a claim

As previously mentioned, you will only receive compensation if the injuries are not your own fault. The cycling injury must have been caused by the driver of the vehicle that hit you. For example, you could get the right to compensation if a car driver hits you at an intersection where they should have yielded to your right of way. Evidence like witnesses and traffic camera footage will be useful in supporting your claim.

There are also time limits associated with filing a bicycle accident claim. In the best-case scenario, law officers would be on the scene of the accident so that they already have the event number, which should be located on the incident report. This will also help speed up the claim with your insurers.

In order to get maximum personal injury benefits, you should file a personal injury claim three months after the motor vehicle accident. This ensures that you are eligible for the full potential benefits from being in a bicycle accident. This could include compensation for missed pay if you were unable to work while injured.

If you are not in the right head space or not feeling physically well enough to do so, a representative may be able to do it for you. However, this is only the case if you are incapable of filing a claim because you are in the hospital or on the mend.

From hitting time limits to ensuring authenticity through a police report, there are a few simple ways to ensure that the claims process goes smoothly. If you or a loved one tried to do it on your own, you could encounter a few hiccups along the way. An experienced lawyer knows the ins and outs of what a claim should contain, making the process far more simple and effective. 

Compensation

Evidence is one of the most important things for completing a successful claim. Here are some examples of evidence that is needed to get the most compensation:

  • Physician notes.
  • Medical evidence.
  • Police reports.
  • Doctor statements.
  • Prescriptions.
  • Proof of missed pay.

These are just a few of the factors that can help prove your case. Your lawyer will be able to give more detailed information on what kinds of evidence that are needed in your particular case.

A real example

Let’s look at a real-life case that was supported by Gerard Malouf Partners and that ended in a generous compensation amount. A Newcastle bicycle rider was able to successfully get the accurate benefit because of his injured scapula. His payout amount was settled for over $80,000.00 thanks to our experienced motor vehicle accident lawyers. This was over three times the amount initially offered by his insurance company.

The amount of compensation that an injured party can receive is different in each case. It can range depending on the severity of the injury and other suffered damages. A good lawyer will be able to help you on this front, using their extensive knowledge to find money that you may not even have known was there.

Timelines for getting compensation

If you are injured, out of work, and paying expensive medical bills, you probably want to get your compensation as soon as possible. If everything goes as planned and the claim is filed correctly, the process will be much quicker. A good lawyer will be able to work efficiently, but the claim can still take one to two years to resolve. If the process is not done accurately the first time, the claim can take even longer to settle.

At Gerard Malouf & Partners we will do everything to get you back on your feet financially as soon as possible. Having won almost $4 billion in compensation for our clients, our firm is one of the largest, most highly specialised personal injury firms in Australia.

At a time when money is probably tight due to medical costs, you can rest assured that we will help you get the compensation you deserve. Contact us for no-obligation legal advice about your claim.

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 — Personal Injury Compensation Lawyers

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