This is the next post in a series of articles discussing bicycle accident cases in Peoria, Illinois. My previous post discussed what to expect if a bike accident case proceeds to a trial. Litigating a jury trial can seem intimidating for victims and their families. The process can involve complicated facts and evidence that must be clearly explained to jurors. Lawyers must also comply with strict legal rules and procedures both before and during the trial. It is important, therefore, to retain counsel with litigation experience to handle such matters on your behalf. Doing so can help ensure that your case is properly handled and that your legal interests are protected. In this article, I will discuss how damages are calculated in bike accident cases. If you need assistance, contact my office today to speak with an attorney.
Obviously, no amount of money can adequately compensate an accident victim or their family after a serious tragedy strikes. However, when significant injuries or even death occur as result of a bike accident, the financial burden on the victims and their families can be devastating. When an accident is caused by the negligence or willful misconduct of another, victims are entitled to receive damages from the responsible party. One’s damages include direct expenses incurred following the accident such as medical expenses, lost wages for time away from work, or property damage reimbursement. Depending upon the seriousness of the victim’s injuries, they may require long-term care, may not be able to return to their previous line of work, or work in any capacity in the future. In such cases, damages will also include the anticipated costs of future medical treatments and the victim’s lost future earnings. Under certain circumstances, it may be possible to recover punitive damages and legal fees.
While some direct damages may be easily calculated, it can be difficult to estimate financial losses that victims may incur in the future. As I have discussed previously in this series, expert witnesses are often required to assist with such calculations. This is particularly true when estimating damages for a seriously injured victim. For example, if the victim cannot return to work, it may be necessary to engage an economist or actuary to estimate their lost future earning potential. The estimate may involve factors such as the victim’s age, previous employment, education, likely career trajectory, raises, etc. Medical experts may be called upon to estimate future medical care and the cost of administering treatment over the course of the victim’s lifetime. If the long-term medical prognosis is not entirely clear, this may be difficult to ascertain. Other experts, such as psychologists or emergency physicians may be asked to provide information about the victim’s pain and suffering and to quantify those into estimated damage amounts.
If you or a loved one has been injured in a bike crash, it is imperative to retain a lawyer with experience representing accident victims. Doing so can help ensure that you receive the compensation you deserve. I have extensive experience in Peoria personal injury matters and am ready to assist you. If you need assistance, contact my office to speak with an attorney. In addition to Peoria, our firm also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.