You should be able to ride your bicycle without the worry of being hit by a motor vehicle or falling to the ground because of bad roads or debris in the street. As a cyclist, you take your safety seriously. You follow the cycling rules in Brisbane, exercise common sense when on your bike, and avoid all movements that will put you at risk. But this is not always enough to prevent an accident. The recklessness of others can lead to an accident that seriously harms you.
If you are hurt in a bicycle accident and it owes to the inattention and negligence of another person, then you can sue them for damages. Murphys Law Brisbane cycling accident lawyers are well-equipped to take on such cases. They will give you the legal insight and aid you need to get the compensation you deserve.
Establishing the facts of the case and building a case against the person responsible for the accident is a process. Here are 7 ways to know it is the right time to file a cycling accident claim:
1. Your medical expenses are high
If you have been seriously injured in an accident, you will need to be taken to the hospital and cared for. The latter may include a range of treatments, some of which might be quite invasive. You will also need to go through a period rehabilitation, and you may need to take medication for years to come. This can lead to high medical bills—the kind of expense that you cannot cover on your own.
2. You have started to recover
You should be clear and lucid before you start thinking about legal matters. Your family and friends are the first people you will want to see when you enter the recovery phase. At some point after that you should sit down with an attorney and discuss your legal options.
3. You have a lawyer you can trust
You will be ready to file a bicycle accident claim when you have found a lawyer you can trust. This is very important. You must be sure within your own mind that your legal counsel is the right advocate for your interests. They must be someone who specializes in this area of law and has a track record of getting good settlements for their clients.
4. You have been seen and diagnosed by a physician
No matter the severity of your injury, you must be assessed by a qualified professional. The latter will keep documents of your condition. These should detail the location, nature, and extent of your injuries. They should also include a prognosis for your recovery.
5. You have gathered all the evidence
You should not file a claim for a bicycle accident without first gathering all the evidence. This is where your lawyer will be indispensable. In addition to the formal police investigation, your attorney will carry out an independent investigation. Every law firm has a private investigations team it uses for such a job. The team they employ will take statements from people who witnessed the accident. They will also gather any video footage of the accident and the events leading up to it.
The medical reports generated by your doctor will also be included in the case built by your attorney.
6. The insurance company’s offer is not adequate
Insurers try to minimize the amount of money they pay out. The insurance company that owes you money will likely offer you a low-dollar settlement. Your attorney will advise you to refuse it. They will then re-enter negotiations with the company.
7. Attempts to negotiate a higher sum have failed
The best personal injury lawyers know how to avoid taking an accident case to trial. Although a jury trial can result in a higher settlement, they are costly and time-consuming. They can also add a tremendous amount of stress at a very difficult time for your family.
However, if the insurance company refuses to offer you adequate compensation, then you will need to press forward with a lawsuit. A lawsuit will give your attorney further power to gather documents and depose witnesses. Your lawyer will only advise you to take the case to trial if the insurance company is acting in bad faith.
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