Consider five questions to ask your bicycle accident lawyer before you hire them to help you settle your claim. You should ask them about their experience in the field, whether you have a claim, the damages you can receive, and more.
Handling a bicycle accident claim and negotiating with insurers can be complicated, which is why hiring a Charlottesville bicycle accident lawyer makes a big difference.
1. What Type of Experience Do You Have with Bicycle Accident Cases?
Before hiring anyone to represent you, ensure they have ample experience with the specific type of accident you suffered. This is critical with bike accidents for several reasons:
- You likely have serious injuries that require significant compensation.
- Your attorney must understand bike laws in the community where your accident happened.
- Bike riders are often stigmatized, with people believing that they cause accidents, and you need a lawyer willing to fight against that.
Find out what type of bike accidents they represented, the strategies they used, and the outcome of their case. You can ask the bicycle accident attorney about cases just like yours.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
2. Do I Have a Personal Injury Claim?
Not all bike accidents result in financial obligation on the driver. You must demonstrate that the other party owed you a duty of care, failed in that duty of care, caused the accident, and suffered injuries. Your bicycle accident lawyer should completely explain your right to compensation and why they believe you have a claim. Key factors to ask for clarification on include:
- Partial fault: Each state has different rules related to partial fault. In Virginia, for example, a state with pure contributory negligence, if you are found to be even 1% at fault, you cannot recover damages. Your lawyer must demonstrate that you were not at fault.
- Expert evaluation: Does the bike accident require additional investigation and research to determine if you can file a claim? If so, ensure the attorney has experts available to help support your claim.
- Challenges: Additionally, consult with your lawyer about any other challenges you may face in this case. If they are uncertain about any area and do not have a plan for overcoming those challenges, they may not be the lawyer for you.
This is an excellent opportunity to gather information about how the attorney will proceed with your case. However, always keep in mind that just because one attorney says you do not have a case does not mean another will.
Seek out another opinion before giving up if you do not seem to have a case. Talk to a Charlottesville personal injury lawyer about your case today.
3. What Is My Bike Accident Claim Worth?
A comprehensive evaluation is necessary to determine the full worth of any type of accident claim. However, during your initial consultation with the bike accident lawyer, they should be able to give you some basic information about your expected compensation. In having this conversation with the lawyer, be sure to ask about the types of damages they seek to recover for you, such as:
- Medical losses from the accident and through your recovery
- Recovery of missing compensation from being unable to work
- Property damage
- Pain and suffering
- Emotional trauma and mental anguish
- Scars and disfigurement
- Loss of quality of life
The types of losses you have will always be specific to your case. However, you can ask the lawyer to provide examples of what you may be able to receive in each of these areas. The answer should be based on the severity of your injuries, the available documentation of the losses, and the impact the injuries will have on your future.
4. Will My Bicycle Accident Case Go to Court?
Asking this question of a bicycle accident lawyer allows the legal team to explain more about what your rights are in seeking compensation. It also allows the attorney to provide you with insight into the legal processes that are likely to play out within the local court system. In most situations, your lawyer will be able to seek a settlement outside of court, saving you time and money.
Ask your lawyer what factors could contribute to claim denial and the need to go to trial. This could include factors such as a dispute about fault, a lack of evidence to support your claims, or questions about your authenticity. Your lawyer can address these factors early on.
Find out if the bike accident lawyer will also work diligently to negotiate a fair settlement for you without having to go to court. Discuss negotiation styles and expectations, including what processes the lawyer uses to seek fair compensation without having to resort to filing a lawsuit. Review our FAQs for more information about bicycle accidents.
5. What Are the Costs Associated with Using Your Legal Service?
Personal injury lawyers in Virginia typically do not charge an upfront fee for their services. However, it is still necessary to verify this information so that you know what to expect. Your bicycle accident lawyer should be very specific about what you can expect to pay now and after you settle your claim.
In most cases, attorneys work on a contingency fee basis. This means they do not charge you anything out of pocket while they work on your case and negotiate on your behalf. They receive a percentage of the settlement you obtain from their work. That range could be from 33% to 40%.
This works in your favor because it means you don’t have to have money available to pay a retainer right now. Additionally, if for any reason the attorney cannot recover fair compensation for you, you do not have to pay anything. If they do not win your case, you owe them nothing for their legal services. This significantly reduces the frustration many victims experience when seeking justice.
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Set Up a Free Consultation With a Bicycle Accident Lawyer
Your bicycle accident lawyer should offer a free consultation, during which you can ask these and any other questions you may have.
When you ask these questions of your bicycle accident lawyer, be honest and open, and expect the lawyer to be as well. You should feel comfortable working with this professional. Call the team at MartinWren, P.C., today.
Call (434) 817-3100 or complete a Case Evaluation form
