Bicycle Accident Claims: What to Expect
Eventually, most bicycle accident victims can expect a settlement. Jury or bench trials resolve less than 1 percent of the injury claims filed in California. A settlement is a process, not a result. Insurance companies drag their feet as long as possible. When they finally come to the table, they usually make low-ball or take-it-or-leave-it settlement offers. Maximum compensation is unavailable in these situations, because the insurance company has the upper hand.
The environment changes dramatically once a Carlsbad bicycle accident lawyer files legal paperwork. The pendulum begins swinging the victim’s way, and usually, that momentum continues. As the momentum builds, maximum compensation becomes easier to obtain. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are available as well, in a few extreme cases.
Procedural Motions
Common procedural motions in bicycle accident claims include a motion to dismiss, and a motion for summary judgement.
Usually, a motion to dismiss claims that the victim isn’t legally entitled to relief, typically because the statute of limitations has expired or a San Marcos personal injury lawyer cited the wrong legal information.
Statute of limitations claims aren’t very common in bicycle accident cases. Usually, the statute of limitations is two years. So, unless lawyers waste time early in the process by trying to settle a case early, the lawyer files the petition in plenty of time.
SOL issues are more common in long-term disease claims, like dangerous drug-related cancer. Generally, by the time the victim is diagnosed with cancer, the SOL has long since passed. A San Marcos personal injury lawyer typically uses the discovery rule to ensure that the courthouse doors remain open. This doctrine is basically a pause button on the SOL playback.
A motion for summary judgment essentially states that the victim doesn’t have enough evidence to sustain a lawful claim. If lawyers collect sufficient evidence prior to filing, these claims almost always fail, especially after a lawyer obtains more evidence during the next phase.
Discovery
Discovery is a court-supervised information exchange process. Both sides must lay all their cards face-up on the table, which is why victims’ lawyers usually obtain additional evidence during this phase.
Discovery is a two-way street. Frequently, victims must give their depositions and submit to medical examinations. Victims must also produce documents, such as medical and financial documents, in most cases.
Resolution
Most bicycle accident claims settle out of court. If settlement doesn’t happen, the matter proceeds to a bench or jury trial.
Out-of-court settlements are usually preferable to court verdicts, mostly because a settlement is a final resolution. Insurance companies that lose court cases usually proceed to appeals courts, where the matter could remain tied up for years. However, when insurance companies settle cases, they immediately write checks.
A court-appointed mediator helps a lot. These professionals help ensure that both sides negotiate in good faith and earnestly try to settle the matter.
At a bench trial, the judge is both referee and factfinder. The judge’s role is diminished in a jury trial, because jurors are factfinders. Both kinds of trials have some pros and cons, especially in certain situations.
Rely on a Dedicated San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.
Source:
judicature.duke.edu/articles/going-going-but-not-quite-gone-trials-continue-to-decline-in-federal-and-state-courts-does-it-matter
