In 2019, there were 759 bicycle crashes in Milwaukee, according to the State of Wisconsin Department of Transportation (DOT). While most of these crashes were not lethal, the majority caused injuries. Recovering from a bicycle accident can be difficult, especially when you have serious financial issues to handle while you are recovering physically.
If you or a loved one experienced an injury because of a bicycle accident, you might be able to take legal action to collect financial compensation for your damages. To do this, you might want to start by discussing your situation with a Milwaukee bicycle accident lawyer to see if you have a viable case. Call Ben Crump Law, PLLC, at (800) 761-5225 to schedule a free consultation with the legal team.
Determining Liability
Bicycle accidents can happen for several reasons, which can change how liability is determined in each case. When developing a bicycle accident lawsuit, your lawyer could begin by determining the party that can be held liable to find a target for the civil suit.
Depending on how your accident happened, multiple parties may be held liable. For example, a driver or pedestrian that caused your accident could be sued. However, determining liability is not always straightforward, and there are several factors that can make it more complicated.
If the vehicle that caused your accident was owned by a company, there are specific situations in which that company might be sued alongside the driver. Defects in government-owned and -maintained pathways such as roads, sidewalks, and bike paths can make a government agent liable for your damages, as well.
It is important to determine liability because the defendant determines the strategy followed throughout the lawsuit. Government agencies have special protections under the law that change the process for handling lawsuits. Essentially, you have to report the incident to the agency, and their representatives are allowed a specific amount of time to try to resolve the matter before legal action can be taken. Once your Milwaukee bicycle accident lawyer determines what party is liable for your accident, they can proceed in the appropriate manner.
For a free legal consultation with a bicycle accidents lawyer serving Milwaukee, call (800) 761-5225
Settlement vs. Trial
There are two ways in which your lawsuit can go. The first is to take your lawsuit trial, where it would go before a judge who will decide on the outcome. This path allows you to have your day in court, but it can cause the case to go on for longer than you might like. Accident victims have to wait until the trial is resolved and payment is collected to resolve their financial issues.
The other option is to negotiate a settlement agreement. A settlement agreement is a contract that says that you will accept a specific amount of compensation in exchange for ending your lawsuit. This will give you a quicker resolution while allowing you to collect compensation. However, this path does allow the other party to negotiate a lower amount of compensation. Insurance companies prefer this method because it reduces their costs and shortens the amount of time it takes to close liability claims.
Whichever option you choose, you might want to discuss it with a lawyer first. They can help you talk through all of the possible outcomes and determine which is best for your case. Don’t hesitate to contact the offices of Ben Crump Law, PLLC, for more information.
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Compensation You Could Recover
The goal of filing a personal injury suit is to collect financial compensation for the expenses of your recovery. To that end, you can file claims in your lawsuit for specific types of damages. Some of these expenses include:
- Medical expenses: Any medical expense that is related to your accident, such as emergency medical care or ongoing care due to a disability, can be claimed in your lawsuit. This is usually the largest portion of expenses that accident victims have.
- Property damage: Any property that is damaged or destroyed in the accident can be claimed in the lawsuit. While bicycle damage can be the most common problem, property damage claims include any type of property. Do not forget to claim your cell phone, purse, clothes, or anything else that was damaged in the accident.
- Lost wages: After a bicycle accident, you will likely need to be out of work for some time while you physically recover. If you can’t work, you might not be paid for the time that you missed. You can claim those lost wages in the lawsuit.
There are other types of recoverable expenses that are not included on this list. Work with your lawyer to identify as many of these expenses as possible. If you can account for the majority of those expenses, you won’t be left to pay them out of pocket after your accident.
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Statute of Limitations
Bicycle accidents can end in serious injuries and property damage. The stress of having to recover from such a traumatic experience can prevent many victims from taking legal action right away.
The statute of limitations limits how much time you have to file a lawsuit after an accident. According to the Wisconsin Statute §893.54, you only have three years after the accident to file personal injury claims and two years to file wrongful death claims. If you do not file before the deadline, your case can be dropped for technical reasons. If you do not want to miss your chance to recover compensation, don’t wait too long to file a suit. For more information on how the statute of limitations affects your specific circumstances, you might want to discuss your case with a lawyer.
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Speak to a Lawyer About Your Case
After a bicycle accident, you might be able to take legal action to recover compensation. Start the legal process by discussing your case with the office of a Milwaukee bicycle accident lawyer to see what your legal options are. Call the office of Ben Crump Law, PLLC, at (800) 761-5225 to discuss your case during a free consultation.
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