Bicycle Accident Lawyer Serving Gainesville
With a subtropical climate and plenty of scenic trails, Gainesville is a haven for bicyclists. Unfortunately, many of the most popular routes run alongside and across roadways-and all it takes is one negligent driver to cause a collision. If you were hurt in a bicycle crash and you're wondering how you will pay for medical bills and lost income, contact Frankl & Kominsky to discuss your case.
A lawyer from our firm will assess your case in a free consultation to try to determine if you have grounds for a personal injury claim for your Gainesville Bicycle Accident. Our legal team can assist you with understanding the claims process by answering your questions and explaining the laws that relate to your case.
We are available to serve clients in Gainesville and throughout Alachua County fight for the compensation they deserve. Call us today at 352-269-5979 to schedule a free case evaluation.What Damages Can Be Recovered After a Bicycle Accident in Gainesville?
Each bicycle accident claim is unique, and there are numerous factors that will determine whether your claim will be successful and the amount of compensation you may be able to recover. In the state of Florida, victims of personal injury can bring a claim for compensatory damages and exemplary damages.
Compensatory damages include objectively calculable losses-e.g. past and future medical bills, lost income, loss of earning capacity, and property repairs-as well as intangible losses-e.g. emotional distress, loss of enjoyment, loss of consortium, physical impairment and disfigurement, and pain and suffering.
Exemplary damages (or "punitive" damages) may be recoverable against a defendant who acted with intentional misconduct or gross negligence. Exemplary damages are not awarded in most cases, but if you were injured by a driver who was drunk, driving at a reckless speed, or intentionally trying to hurt you, it may be possible to recover exemplary damages.
If your claim is successful, the amount of compensation you are able to recover will depend on many factors including:
- The cost of your medical bills;
- Whether you will require future medical treatment;
- The permanence of your injuries;
- The amount of income you lost during recovery;
- Whether you will be able to return to the same profession;
- Whether you will be able to return to work at all;
- Whether you need home care;
- Whether the person who caused your injuries acted with gross negligence or intentional misconduct; and
- Many other factors.
The Bicycle Accident attorneys at Frankl & Kominsky will perform a meticulous investigation into your case to try to determine which damages might be recoverable. We will review your medical records, income tax returns, paystubs, and other invoices related to your injury to try to make sure your claim includes all potentially recoverable losses. We can also arrange expert witness testimony if necessary.Can I File a Bicycle Accident Claim If I Wasn't Wearing a Helmet?
Yes. Until recently, the decision not to wear a helmet could be used as evidence to reduce the value of an injured person's bicycle accident claim. Fortunately, that's no longer the case in the state of Florida.
Pursuant to Florida Statutes section 316.2065(18), your decision (or your child's decision) not to wear a helmet cannot be used as evidence of contributory negligence or negligence. That means even if you were not wearing a helmet, you may still be able to recover compensation for your medical bills, lost income, and other damages after a bicycle accident.
It is important to bear in mind that even if you are certain that another person is liable for your damages, recovering a fair settlement could still be challenging. . You will likely need strong evidence to try and give your claim the best chance of resulting in a fair payout.
With a comprehensive understanding of the laws that govern bicycle accident claims in Florida, our personal injury lawyers will take the time to try and investigate every aspect of your accident and try to have the strongest case possible before entering settlement negotiations.Speak with a Bicycle Accident Attorney serving Gainesville About Your Case Today!
You probably have a lot of questions about the claims process and the factors that will influence the outcome of your case. The legal team at Frankl & Kominsky can try to provide the answers you seek in a free initial consultation. Call us today at 352-269-5979 or fill out our Contact Form to get started.