Determining Liability and Case Value
In a bicycle accident, it can be a little difficult determining liability and case value because these cases tend to be complicated. Here is what you need to know.
Determining Liability and Case Value | Suing the Defendant
If your injuries qualify as a “Serious Injury” and you decide to sue the defendant, or defendants in court for your bicycle accident, you and your attorney need to prove that the defendant or defendants you sue owed you a duty of care, that they failed to perform this duty of care either by their action or failure to act while driving, walking, or performing some other action, that the defendant caused your bicycle accident and is therefore responsible for your injuries and that your injuries resulted in money or other types of damages.
However, bicycle accident cases are complicated. For example, although a driver may have hit you, a second driver may have caused the first driver to swerve into your path. Road conditions and weather on the date of your accident also have to be taken into account, as does your own portion of fault in causing the accident, if any.
Determining Liability and Case Value | Rewarded Damages
Overall, the types of damages that may possibly be awarded to you in a Florida bicycle accident case may include: medical expenses, rehabilitation expenses, lost wages, damages to your bicycle, loss of enjoyment of life, scarring and disfigurement, loss of companionship, emotional distress, disability, and pain and suffering, which is often the largest portion of damages awarded. Fortunately, Florida does not limit the amount of pain and suffering damages that may be awarded to you. Also, if there is clear and convincing evidence that the defendant intentionally disregarded a known risk and acted with more than mere negligence in causing your bicycle accident, you may be able to collect additional “punitive” (or punishment) damages.
Determining Liability and Case Value | Pure Comparative Negligence
Please be aware that Florida follows a “Pure Comparative Negligence” rule. For example, this means that if you were found to be 70% at fault for causing your bicycle accident, then your damage award would be reduced by 70%. This would be defined as your proportion of fault, or “comparative negligence.” Therefore, your personal level of fault, if any, in causing your bicycle accident is a very important part of your case.
If you have any questions about determining liability and case value, please call our Tampa bicycle accident lawyers today for a free confidential consultation.