With more and more people choosing to cycle instead of drive, bicycles are now commonplace on Iowa roadways. While the health and environmental benefits are unmistakable, the increase of bicycles on the road does enhance the risk of accidents.
A bicycle crash can lead to serious injuries for the cyclist. Everything from cuts and soft tissue injuries to broken bones and brain trauma is seen in Iowa hospitals. Regardless of the types of injuries sustained, bicycle accident victims may be entitled to compensation.
The ideal outcome for most people is a personal injury claim settlement, which does not involve a trial. Instead, a payment amount is agreed between the victim and the at-fault party's insurance company with the help of an attorney. Calculating how much compensation is owed is a somewhat complex process.
So, how is a bicycle accident settlement calculated in Iowa personal injury claims? This guide provides an overview of the key considerations and things that impact how much a person can expect to receive. For personalized advice regarding a specific claim, it is best to contact an experienced lawyer. They can also help with explaining how motorcycle accident settlements are calculated in Iowa.
Understanding Compensation in an Iowa Bicycle Accident Personal Injury Claim
Bicycle accident claims fall under personal injury law. Settlement claims are agreed upon out of court and aim to repay injured victims for their damages. Compensation is based on two main factors: the out-of-pocket costs and the long-term impact on quality of life caused by the accident and subsequent injuries.
Compensation is negotiated with the goal of reaching a settlement. If negotiations are not successful, the next step is to file a personal injury lawsuit.
Who Can Claim for Damages After a Bike Accident in Iowa?
Anybody injured in a bicycle accident can potentially claim compensation. Either the victim themself or their direct family members (in the event that the injuries are incapacitating or fatal) can pursue a claim against the at-fault party.
It is important to note that an injured party may still be able to recover compensation even if they were partially at fault. Iowa law allows people to claim compensation when fault is shared, but the settlement will be reduced accordingly based on the percentage of fault on each side.
What Damages are Considered as Part of a Bicycle Accident Settlement Claim?
All expenses connected to the accident and injury can be considered as part of a bicycle accident settlement claim. This includes the actual costs of treatment, any expenses incurred because of the accident, and any potential income that was lost during the recovery process. Additionally, the lasting impact of the injuries is assessed, and a monetary value is applied based on severity.
Economic VS Non-Economic Damages
Damages in any personal injury settlement claim are divided into two categories; economic and non-economic damages. To understand how settlements are calculated for bicycle accidents, it is important to understand the different terms and their involvement in a claim.
Economic
Economic damages are essentially expenses related to the accident or injury. They have tangible amounts of money connected to them and are simple to quantify.
Here are some key examples of economic damages in bicycle accident claims.
Medical Expenses
The most obvious expenses following a bicycle accident are medical bills. The cost of emergency medical attention and subsequent medical treatment can be staggering. Under Iowa law, all costs connected to injuries sustained due to the accident can be added to a settlement amount.
This includes emergency room bills, ambulance costs, any operations or examinations, prescriptions, physical therapy appointments, and rehabilitation for injuries. Victims can also claim out-of-pocket expenses incurred while attending appointments- such as parking fees and transportation costs.
It is important to keep track of all medical bills to present as evidence in settlement negotiations. These records are critical evidence during settlement negotiations, as they prove a version of events and show the damages. Everything from ambulance call-outs to physiotherapy bills can be considered when calculating the final settlement offer.
Property Damage
The cost of repairing or replacing the damaged bicycle is also considered. If the person's bicycle is damaged in the accident, they should retain any bills for repair work, keep the receipt for the new one, or find a receipt that shows the purchase price of the original bike.
Depending on the circumstances, it may also be possible to claim for damage to clothing. If an expensive protective jacket or other cyclist gear is ripped or has to be cut off during the emergency response, it is worth including the cost of replacement in the claim.
Lost Wages
Lost income, and future lost income, must also be considered. In many bicycle accidents, the injured victims have to take time off work to recover from their injuries. If this time off is unpaid, they can calculate what they would have earned had they not been injured.
For employed people, they must show proof of their wages and the total time missed. It is also important to prove that less or no payment was received for the duration.
Self-employed individuals must present evidence to show what they would have been able to earn during the period of injury. This can include invoices, job cancellations, and average earnings.
When considering future lost income, the calculation is a bit more complicated. This calculation is a combination of tangible costs and non-economic compensation.
Non-Economic
Non-economic damages are the things that don't come with a receipt. Severe injuries often cost people a lot more than just money, and that suffering must be compensated for.
Considerations for pain and suffering compensation (the most common type of non-economic damages) look at the physical and emotional pain caused by the accident and injury. They also look at the long-term impact the injury is likely to have on the victim.
Calculations for non-economic damages use one of several multipliers based on the extent of the injuries. The more severe they are, the higher the amount will be.
It is this side of the settlement that requires the most detail and negotiation. Because it is relevant to the injury and doesn't have a set dollar amount, it is open to speculation and opposing opinions. The insurance company will usually try to argue for a lower pain and suffering settlement.
How Is a Settlement Calculated After a Bicycle Accident in Iowa?
In short, an Iowa bicycle accident settlement is calculated by looking at the tangible and intangible costs created by the incident. It is important to note that the initial calculation is not necessarily the final amount paid, as it must be negotiated and agreed with the insurance companies.
Here is a step-by-step overview of the settlement calculation process and the key elements considered. Tom Fowler Law also has insight on how pedestrian accident settlements are calculated in Iowa.
Total All Economic Damages
First, there is a review of the expenses already incurred. It will take the medical records and bills to calculate medical expenses to date and predict any future medical expenses. Any receipts for property repair and other out-of-pocket costs will be added as well.
Proof of lost income must also be presented and a total figure calculated. All of this combined makes up the first part of a settlement amount.
Consider the Lasting Effects
As well as ongoing medical treatment and future medical expenses, the overall lasting impact on the victim's life and well-being must be taken into account. Pain and suffering damages can be calculated in a few ways, but it comes down to the severity of the injury.
If someone is left permanently disabled because of the accident, their settlement amount is likely to be higher. People who are left disfigured (particularly with facial injuries) also generally receive higher settlements.
Look at the Comparative Negligence and Fault
The third element involved when calculating bicycle accident settlements is comparative fault. Iowa is a fault state, meaning people can still claim compensation for injuries sustained even if they are partially responsible for the incident. However, any settlement amount will be reduced based on what percentage of the blame they hold.
For example, a cyclist hit by a car that was driving too close and too fast can still claim compensation if they failed to properly signal, but they won't receive as much. Any contribution the injured party had to the cause of the accident will be taken into account and used by the insurance companies to reduce the settlement.
The Settlement Negotiation Process for Personal Injury Claims in Iowa
There is no guarantee that the initial settlement calculation will be the same as the final amount awarded. It is a tricky road to a fair settlement and negotiations are key.
Once the victim's team has calculated the maximum compensation amount, they will present the case to the at-fault party's insurance company. From there, the other side can respond with what they believe to be the correct calculation. It is then a back-and-forth between the sides until an agreement is reached.
In most cases, a settlement is preferable for both sides, and it is in the insurance company's interest to reach a decision. If, however, things don't work out, the next step is to file a lawsuit and go to trial. This can take years and is usually best avoided if possible. That said, a passionate and professional legal team can streamline the process and act in the victim's best interest throughout.
Why Hire an Experienced Bicycle Accident Lawyer?
Getting fair compensation is not as simple as people may hope. It is crucial to seek legal advice early in the settlement process to ensure nothing is missed and every opportunity is taken.
An experienced attorney knows what to expect going into settlement negotiations. They can prepare and present a strong and detailed case for compensation that makes it impossible for insurance companies to get away with low-ball offers.
Another good reason to hire a bicycle accident attorney is their extensive understanding of Iowa law and personal injury claims. They can use this to the victim's advantage when calculating what compensation they are entitled to.
On top of all this, the aftermath of an accident is difficult enough to process without the added pressure of settlement negotiations. More severe injuries can take years to fully recover from, and the mental impact can leave people incapable of handling a complex negotiation.
Overall, the chances of achieving a favorable settlement amount are better when the victim has professional legal representation and guidance. Without it, they are far more open to pressure from insurance companies to settle quickly and may end up missing out on money that they should have received. For more information, a Des Moines bicycle accident lawyer may be able to help.
Maximize Settlement Potential with the Support of an Expert Iowa Personal Injury Attorney
While a bicycle accident settlement calculator can give a vague idea of what someone may be entitled to, it cannot look closely at each individual case and find every opportunity for maximum compensation. An experienced personal injury attorney can.
Injured accident victims accept low settlement offers far too often. This is usually because they didn't have someone on their side explaining exactly how bicycle accident settlements are calculated in Iowa- and fighting to maximize every possible claim.
A dedicated personal injury attorney will help collect and present evidence to support a better settlement- and take the lead throughout difficult negotiations.
Contact Tom Fowler Law Today for Legal Representation and Guidance You Can Trust
Tom Fowler Law is a leading personal injury firm in Des Moines, Iowa. Helping injury victims get the settlements they deserve is our job- and our passion- and we leave no stone unturned or cent unclaimed.
We are dedicated to pushing for the best possible settlements for our clients and use every tool at our disposal to ensure they get the compensation they deserve for their injuries.
Settlement negotiations can be tough, but we advocate for our clients to protect them from low-ball offers and pressure to settle too soon. Think of us as your advocates throughout the process.
Arrange a free consultation to review your bicycle accident case and learn more about the compensation you could be entitled to.
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