Orange County Bike Accident Lawyers
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Our Orange County Bike Accident Lawyers Support Injured Clients Through The Claims Process
Bike accidents can cause serious injuries. Because a bicyclist has less protection from impact than vehicle occupants, they are more likely to be injured in a crash, and their injuries are more likely to be fatal. A bicycle accident can leave you with permanent injuries that require changes for the rest of your life.
If you have been injured in a bicycle accident, our Orange County bicycle accident lawyers can guide you through the claims process and help you understand your options. Contact us to schedule a confidential and free initial consultation.
Depending on the circumstances, you may be eligible to pursue compensation for medical expenses, lost wages, and other accident-related losses. The experienced Orange County bicycle accident lawyers at Arash Law assist clients with claims involving bike accidents. Our team reviews the details of each case, gathers supporting evidence, and works to build substantiated cases.
Schedule your free first consultation by calling (888) 488-1391 and speaking with a bike accident lawyer in Orange County.
Verdict in a mild traumatic brain injury case involving a motor vehicle collision.– Judd Ross Allen
How A Personal Injury Claim Is Resolved
The claims process can be overwhelming, especially if you have never had to go through it before. Our attorneys have created this basic outline of how a personal injury case is resolved. Of course, every case is different, so be sure to schedule your free initial consultation to learn more about what is likely to happen in your particular case.
The Claim Is Filed
First, a claim must be opened with the at-fault driver’s insurance company. (Your Orange County personal injury lawyer can do this for you.) The insurance company might ask you for a statement about how the accident happened. They might even ask to record your statement. You do not have to do so. Any communication with the insurance company about the accident should go through your injury lawyer’s office.
The Insurance Company Determines Liability
Once the claim has been opened, the insurance company has a limited time to either accept it, deny it, or request more information about it. This decision starts with an investigation into who was at fault for causing the accident. The person who was legally at fault (“liable”) may be obligated to pay for the injuries caused by the accident.
Your Attorney Documents The Full Value Of Your Medical Bills And Other Losses
Your medical records and billing invoices document the necessity of your medical care. Your attorney will compile these in a format that is easy for a claims adjuster to review. In many cases, the injury victim has not finished receiving medical care by the time the case must be filed.
Your attorney can hire a life care planner to estimate the value of the future medical care you will need throughout your lifetime. The same process is done to document your lost wages. If you were out of work for a limited time, your employer could provide a statement showing exactly how many hours you missed and what your rate of pay is.
If you are permanently unable to work, your attorney can hire a vocational expert to testify about what your employment prospects are in light of your injuries. An economist can then calculate the difference between your wages before and after the accident. You may be entitled to compensation for all the future wages you will lose because of your injuries.
Your Attorney Makes A Settlement Demand To The Insurance Company
Once these calculations are complete, your attorney is ready to negotiate a settlement offer from the insurance company, starting with a “demand letter.” The demand letter itemizes each area of compensation (including medical bills, lost wages, and future losses) and supports them with documentation of these losses. The letter will also demand fair compensation for your pain and suffering. The demand letter and supporting documentation are sent to your assigned claims adjuster for consideration.
The Insurance Company Negotiates The Value Of Your Claim With The Insurance Company
Claims adjusters approach demand letters in a variety of ways. In cases that involve relatively minor injuries and a lower settlement amount, the adjuster might use a very basic computer program that analyzes the amount of the claim, a very impersonal and inaccurate method of valuation. It does not take into account your particular pain and suffering. Your attorney can counter an offer created by a computer with evidence of your specific losses.
In complex cases, the assigned adjuster might need to consult with a senior claims adjuster or supervisor or even an attorney in the insurance company’s legal department. These employees tend to have more experience, so they have a better understanding of what pain and suffering is fairly worth. The attorneys also understand the strengths and weaknesses of a case at trial. Sometimes, it is actually easier to have settlement negotiations between your lawyer and a lawyer for the insurance company because they can focus on the legal issues of your case.
In any event, your attorney will work with insurance company employees to negotiate a settlement offer for your injuries. If an agreement can be reached, you will sign a release of liability, and the insurance company will send a check to your attorney. Your attorney will deduct their fee, administrative costs, and any medical liens against your settlement that must be paid. The remaining funds will be paid directly to you. If no settlement can be reached, your attorney may advise you to file a lawsuit against the defendant.
Your Attorney Files A Lawsuit Against The Negligent Driver (Or Company) That Caused Your Injuries
If your case cannot be resolved through settlement, your recourse is to go through the court system. This process starts by filing a complaint against the negligent driver (and any other defendants). You do not need to go to court for this. Your attorney will prepare the complaint and related documents, have them filed with the court, and then serve the defendant and their insurance company with formal notice of the lawsuit. If the initial complaint does not lead to another settlement offer, your attorney will proceed with the rest of the litigation process.
The Parties Proceed Through Pretrial Investigation And Court Hearings
After the initial complaint has been served and the defendant files a formal response to the lawsuit, the attorneys begin their investigations of the case, known as “discovery.” The attorneys discover admissible evidence by issuing subpoenas for documents, deposing witnesses, sending each party formal written questions to answer, and hiring expert witnesses to review the evidence that they receive from the other side.
This process is important, as it helps each attorney prepare their own case for trial. Additionally, discovery also assists attorneys in assessing the strengths and weaknesses of their opponent’s case, which can lead to more productive settlement negotiations. Your case can settle at any point in the discovery process. If it does not, your attorney will continue preparing the case for trial.
The court will hold periodic status conferences throughout the discovery process, which gives the attorneys a chance to update the court about their progress on the case and advise the court of any legal issues that they cannot resolve. (If, for example, the attorneys cannot agree about whether a certain piece of evidence is admissible at trial, the court can hold an evidentiary hearing and listen to arguments from both sides before making a ruling on the issue.) All these steps help to prepare your case for trial.
If Necessary, Your Case Will Go To Trial
Your case can settle at any point prior to trial. Some cases even settle in the very moments before the trial is set to begin. If, however, the insurance company simply refuses to make a fair settlement offer in your case, your next legal option might be to go to trial and let a jury decide what your case is fairly worth. The trial starts with jury selection.
The court will call in a large panel of prospective jurors, and the attorneys will each get to ask them questions. The court can excuse any prospective juror if they cannot be fair and impartial. The attorneys can also use “peremptory strikes” to excuse jurors for any reason. Once a jury has been chosen, the court will swear them in and give them instructions about the case. The case then proceeds with each attorney making their opening statement.
Because the plaintiff filed the case, the injury victim’s lawyer is the first to make an opening statement and call their witnesses. The defense lawyer then follows and has the right to cross-examine the plaintiff’s witnesses. Once the plaintiff’s attorney has presented their entire case, it is the defendant’s turn to call witnesses. Here, too, the other attorney gets to cross-examine the witnesses.
After each side has presented its case, the lawyers will make their closing statements (again, plaintiff first, then defense). The jury is then excused to deliberate about the case. The verdict can take a few minutes or a few days. Judges may be hesitant to declare a hung jury and call a mistrial, so they often allow juries lengthy periods to deliberate as much as they need to. When the verdict does come back, it will be read aloud in court. Your attorney will advise you if there are legal steps that should be taken after the verdict is issued (for example, filing an appeal).
How To Protect Your Legal Rights After A Bike Accident
Here are some examples of steps to follow in order to protect your legal rights after any type of motor vehicle collision, including bike accidents:
Consider Hiring An Experienced Bicycle Accident Lawyer
Once the insurance company is notified that you have hired an attorney, they are no longer allowed to contact you directly about the case. All communications must go through your attorney’s office, which protects you from saying anything that could hurt your injury claim.
Once the insurance company is notified that you have hired an attorney, they are no longer allowed to contact you directly about the case. All communications must go through your attorney’s office, which protects you from saying anything that could hurt your injury claim.
Do Not Speak To Anyone About Your Accident Until Your Claim Is Settled
Until your case is settled, it is generally advisable to discuss it as little as possible with anyone. Your immediate family will know about your injuries. However, if you discuss what happened, how you feel, or who was at fault, this information could make it back to the insurance company, where it may be misinterpreted and potentially weaken your case.
Do Not Post Anything On Your Social Media Accounts About The Accident
In addition to not discussing the case with anyone in person, it is critically important that you not post anything about it online. Social media accounts are a wealth of information. We post statements, pictures, and sometimes even our locations.
Even something as innocent as a gym selfie can affect your case. For example, an at-fault party and their insurance company might assert that if you are healthy enough to work out, then your injuries cannot possibly be that bad. Try to post as little information as possible on any social media channel until your claim is resolved. When you are out, you should also let your friends know that you do not want them to post information about you, either.
Follow Through With All Recommended Medical Care And Rehabilitation
You may make your own injuries worse by failing to follow your doctor’s recommendations. Avoid this and simply follow through on all recommended treatments. Doing so not only protects your health but also helps you safeguard your legal rights. For example, an at-fault party or insurance company won’t be able to argue that you contributed to your injuries by not having them treated appropriately.
Document The Ways Your Injuries Are Affecting Your Life
You may be entitled to compensation for your pain and suffering. Unfortunately, it can be difficult to prove exactly how much pain you experienced. Injury lawyers like to illustrate your pain to a jury by using specific examples. If, for example, you were unable to sleep because you were in so much pain. You might also have been unproductive at work. A lack of sleep can also affect your personal relationships with friends and family members.
Jurors understand these examples. They, too, have experienced the consequences of a lack of sleep. So how should you document these losses? First, be sure to get photos of any physical injuries you have. Bruising, cuts, swelling, and other damage should all be documented. You can also keep a record of how your injuries affect you on a given day. You can make notes about how often you were in pain, how bad the pain was, and how it affected your day.
Contact Our Bike Accident Lawyers In Orange County
If you’re searching for a “bike accident lawyer near me,” consider consulting one from Arash Law. We have decades of experience representing injured bicyclists across California, including Orange County. We serve clients in Newport Beach, Irvine, Santa Ana, Dana Point, San Juan Capistrano, and throughout Orange County.
Our Orange County bicycle accident lawyers can guide you through the claims process, handle communications with insurers, and represent your interests in negotiations or, if needed, in court. Call (888) 488-1391 or fill out our “Do I Have A Case?” form to schedule your free initial consultation.
Latest Traffic Reports in California
