A biking incident can turn your life upside down in a second. Yet, fair compensation for your damages and losses can help you get back on your feet. The average personal injury claim in Arizona varies between $5K and $100K. However, these figures aren’t static. You can optimize the payouts if you know how to evaluate the bicycle accident case correctly. Read on to find more!
Imagine the situation: one moment, you are enjoying the scenic trails of Phoenix, and the next, you find yourself in the nearest hospital, wondering who will pay those piling medical bills. The scenario isn’t pleasant but not impossible, considering the recent Arizona bicycle crash statistics.
How Much Is an Average Bicycle Accident Compensation in Arizona?
Bicycle accident settlements cost America around $23B yearly. However, there isn’t a predefined compensation assigned to each state. Since every bike crash is like a different story, our Phoenix bicycle accident attorneys created a general breakdown of average settlements based on the severity of the incident:
$1K to $5K Case Settlement
A minor fall off the bicycle that inflicted minimal injuries, such as scrapes and bruises, required minimal medical treatment, and resulted in a swift recovery, is often settled within a one- to five-thousand-dollar range.
$5K to $20K Case Settlement
When the accident leads to broken bones, torn ligaments, serious head injuries, and other traumas that require surgeries, physical therapy, and extensive rehabilitation, it may cost tens of thousands of dollars in reimbursement.
$20K to $100K Case Settlement
Sometimes, bicycle accidents lead to severe injuries such as spinal cord damage or traumatic brain injury. Such a serious and long-term impact on the victim’s life is reflected in significantly higher settlements.
$500K+ Case Settlement
Personal injury cases that involve permanent disabilities and loss of life often lead to the highest reimbursement claims. In some instances, injured parties recover multi-million-dollar settlements.
How Do You Calculate a Bicycle Accident Settlement in Phoenix?
A fair settlement often relies on two major categories of damages that the person undergoes as a result of the accident. They are the following:
Economic Damages
Most economic losses are reflected in a precise monetary equivalent. You can combine all your past and future medical expenses, property damage, and lost wages to derive the final settlement amount you seek.
Non-Economic Damages
Even a seemingly minor bicycle accident case can inflict a share of intangible losses on the victim. Physical pain and suffering, emotional trauma, anxiety, and other conditions that have altered the person’s life after the incident can be added to the final claim estimation.
IMPORTANT!
Your settlement can be reduced if you are found guilty of contributing to the accident. The state of Arizona abides by pure comparative negligence law, which means that you can recover damages even if you are 99% to blame for the collision. However, the percentage of your contribution will be deducted from the final statement.
These days, you can use an online bicycle accident compensation calculator to figure out the approximate cost of your claim. However, the precise worth may require a more in-depth approach since it can be affected by liability, potential future expenses, and other factors.
What Factors Can Affect Your Bike Accident Settlement in Phoenix?
Settlement verdicts aren’t random. They rely on facts and underlying conditions that define your case. There are a few major factors that can tip the scales when it comes to personal injury claim compensation in Arizona. They include, but are not limited to, the following:
Extent of Sustained Injuries and Their Effect on Life
It is rational to assume that a scraped knee won’t have such a tremendous effect on your everyday life as a shattered kneecap would. The rule applies to any trauma sustained as a result of the accident. More serious and lasting conditions will lead to higher settlements. However, it does not mean that you should discard filing a compensation claim because your injuries seem insignificant. Some conditions may have delayed effects.
Medical Expenses and Rehabilitation
Piling medical care costs can become a source of serious financial strain. That is why personal injury settlements usually cover all medical expenses, from emergency room visits to expensive surgeries, physical therapy, and home care services. Moreover, if there are any future treatments to undergo, they will be included in the final calculations.
Loss of Income and Reduced Earning Potential
No matter how long you have to stay off work because of the sustained injuries, you don’t have to worry about the lost wages. These costs will also be included in the compensation you recover. Moreover, if the trauma has a temporary or permanent effect on your earning capacity, this will be reflected in the financial reimbursement you obtain.
Pain and Suffering and Mental Anguish
A cycling accident can become a source of serious psychological trauma as well. Although these losses can’t be reflected via bills and receipts, a victim who experiences mental distress, depression, and loss of joy in life can recover compensation that reflects these nonmonetary losses. A special multiplier is used to calculate those. Usually, it varies between 1.5 to 5 times the established economic value of the claim.
Possible Punitive Damages
These aren’t compensatory damages per se. Punitive damages are assigned to punish the extremely reckless party and prevent such accidents from taking place in the future.
Do Insurance Companies Play a Role in Determining Settlements?
Insurance companies play a vital part in deciding personal injury settlements since they are the primary source of expected payouts. It takes the proper understanding of existing insurance policies to secure a favorable settlement. That is why working with an experienced personal injury attorney is often a wise strategy to take on.
Keep in mind that most insurance companies act in their best interests, not yours. That is why the first thing to keep an open eye on would be a lowball offer coming your way. The insurance provider will try to minimize the compensation, playing on the urgency of the situation to their advantage. That is why you should always be prepared for upcoming settlement negotiations.
Secondly, insurance adjusters will be buried deep in all the reports, records, and other pieces of evidence that you present to support the claim. Their main aim is to spot any discrepancies or loopholes to minimize the reimbursement, if not deny it in general.
Finally, most insurance companies have special settlement limits to remember about. If the at-fault party’s policy limits are insufficient, you won’t be able to recover rightful compensation, no matter the severity of your losses.
Real-World Examples of Phoenix Biking Crash Settlements
To give you a better idea of how biking settlements work in Arizona, we’ll discuss two recent personal injury cases that differ from one another in terms of unique circumstances but are similar in favorable financial resolution:
Example 1: $50K Group Ride Crash
A weekend group ride in Phoenix brought serious injuries to a 29-year-old cycling enthusiast. The rider fell off their bike and broke their wrist, sustained skin abrasions, and suffered a mild concussion as the lead rider allegedly made an unpredictable turn. The plaintiff filed for a $50K settlement to reimburse their losses and damages.
The defendant denied their fault and claimed that the plaintiff violated bike laws in Arizona by following too closely and not wearing protective gear. The injured rider was assigned 50% of the attribution and was able to recover 25K in compensation.
Example 2: $0.9M Wrongful Death Claim
A commercial truck struck and fatally injured a cyclist riding in a bike lane downtown. The truck driver was making a turn but failed to grant the rider the right of way. Moreover, eyewitnesses claimed that the motor vehicle operator didn’t signal the turn and was obviously distracted by their phone. The family of the deceased claimed $950K in compensation for the permanent psychological trauma inflicted by the accident, loss of a loved one, and compromised future income. The request was fully satisfied.
How Can a Phoenix Bike Accident Lawyer Assist Your Case?
One of the most obvious advantages of working with a trained legal representative would be their knowledge of existing Arizona laws applicable to cyclists. However, there are a few additional benefits that deserve your attention:
- They are true detectives: A committed personal injury lawyer will look under every imaginary rug of the case. They will investigate the scene, assess all types of evidence, and invite reconstruction experts if needed to prove your right to maximum compensation.
- They are insurance whisperers: It takes skill, persistence, and dedication to negotiate with stubborn insurance companies that are unwilling to part with their assets in your favor. Yet, field-tested legal experts know how to tread the minefield to recover the settlement you deserve.
- They are stress reducers: A professional lawyer will take over the legal process entirely so that you don’t have to deal with additional stress when you are focused on your recovery.
- They are reliable partners: Many law firms, like Bicycle Accident Lawyers Group, work on a no-win, no-fee basis. The approach ensures that the victim does not have to face legal service charges before the case is won.
What Is the Best Time to Hire a Lawyer?
Since all personal injury cases are different on multiple levels, there isn’t a one-size-fits-all answer. However, the assumption that “the sooner, the better” does apply here. You can start with a free consultation right after the accident. Consult a local lawyer about your situation, and a reliable legal team will instruct you on how to proceed. It is worth mentioning that if the incident looks quite complicated even at first glance, you may want to introduce an experienced attorney to the case immediately.
If you’re a cyclist who has been in an accident, call today for a free initial consult about your legal claim. We’re here to help with your legal questions. Contact our law firm for coast-to-coast bike accident and personal injury representation.
Since his academic days at the UC Berkeley School of Law, Robert Goldwater has remained a committed advocate for victims of other people’s negligence. His tort law background, together with his unquenchable thirst for justice, helped young Robert found a now-successful law firm – Bicycle Accident Lawyers Group, gathering same-minded and promising attorneys from all over the country.
