This is the next post in our series of articles on the handling of bicycle accident cases in Fort Worth, Texas. Our last post discussed the need for expert witnesses in bike crash matters. Given the potential impact of testimony from specialists, it is important to select a lawyer with adequate resources to represent you. In this post, we will discuss the process of determining damages following a bike accident. If you or a loved one are in need of assistance, we suggest that you contact an attorney immediately.
There are several elements to consider when determining damages suffered by an injured party. The first of these factors is lost income. When considering this calculation, one must not only review the loss of past income, but also future potential earnings. Income already lost may determined fairly easily by reviewing how much time the person has missed from work to date. Evaluating how much income may be lost in the future as a result of the accident is more complicated. The amount is determined by establishing how much money the victim would have earned if the accident had not occurred and subtracting the likely earnings the person may expect to earn after the injury. The calculation will likely involve several expert witnesses, including economists, vocational specialists and possibly medical experts.
Another component of the damage calculation relates to medical expenses. Similar to the lost income element, the party will need to consider past and future expenses related to the crash. Calculating medical bills incurred to date will be straightforward, however, depending upon the seriousness of the injuries suffered and the prognosis for recovery, a victim may be facing significant future costs. Once again, the parties may rely on experts in the medical field to ascertain the extent of the injuries an ongoing need for surgeries, therapy or long-term care facilities. A party may be required to obtain an independent medical examination (IME) to verify the victim’s damage claims.
Finally, an injured party may suffer damages in the form of pain and suffering as a result of a bicycle accident. This includes physical pain, emotional distress, reduction in the quality of life and inconvenience caused by the incident. The rider must show how the crash and the resulting injuries have negatively impacted his life, such as activities in which he is unable to participate or ongoing physical distress.
Every injured party will have a specific set of facts impacting the damage calculation. If you have been hurt in a bicycle accident in Fort Worth or in other areas of Texas, we recommend contacting a lawyer immediately. We suggest finding a law firm with multiple attorneys who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization. The law firm should have the necessary resources to handle your case properly.