Safely sharing the road is the responsibility of every motorist, bicyclist, and pedestrian. Each of these individuals is expected to conduct themselves with a reasonable standard of care. When someone deviates from their applicable standard of care, for instance, running a red light or speeding, others are at risk.
If you or a loved one were injured due to the negligent actions of another, you have legal options. It is best to hire a knowledgeable Hammond bicycle accident lawyer who could hold the liable driver accountable for their actions. A successful lawsuit could mean compensation for your damages. Speak to a diligent personal injury attorney to learn about the type of damages you may be eligible to recover.
It is essential that all potential plaintiffs understand that their legal right to file a lawsuit will eventually expire. If it does expire without a lawsuit filing, there is nothing the plaintiff or their Hammond bicycle accident attorney can do to restore this legal right. Hiring an attorney sooner rather than later after the accident could help a plaintiff to file their case on time and may help prevent evidence that could help prove your case from being lost, damaged, or even destroyed.
All bicycle accident plaintiffs are beholden to the statute of limitations or filing deadline for their lawsuit. According to Indiana Code § 34-11-2-4, injured individuals have two years from the date of the accident to file their claim or settle out of court. Once this deadline expires, the plaintiff is no longer eligible to pursue compensation for their injuries within the legal system.
The purpose of a civil claim after an accident is recouping money for the plaintiff’s injuries. Damages represent the losses or other detriments that the plaintiff suffered due to the negligence of another party, such as another driver. Damages can be actual or general.
The monetary amount paid to the plaintiff that can be calculated are actual damages. They may also be referred to as real or compensatory damages. Actual damages should be measurable and have evidence such as medical bills to prove them. Common actual damages in a bicycle accident might include loss of income, past and future medical expenses, and legal fees.
General damages are quite different in that they are monetary awards provided to the bicyclist to make reparations for their injuries. These damages are subjective and are often difficult to assign a value. Examples of general damages include:
Consulting with a reputable bicycle accident lawyer in Hammond could help an injured bicyclist determine which damages might apply in their case and how much their case might be worth. An attorney often has legal strategies that could maximize the amount of compensation an injured cyclist could receive.
Bicycles are no match for motor vehicles, and injured bicyclists often face extensive physical and emotional recoveries. They need to be able to focus on getting better and healing, but they also need to pursue their legal options. Hiring an attorney is often the most convenient way to do that.