Should you hire an attorney for your bike crash?
You May Decide to Hire an Attorney.
You will be pursuing many claims against the at-fault driver, most likely against their auto insurer. Insurance companies are in the business of collecting premiums and trying not to pay claims. What that means for folks handling their own claims is that usually, the insurer will rush you, will not tell you all of the claims you’re entitled to pursue, will lowball your claim, and will pressure you to settle.
Without a lawyer, they are usually not threatened by a claimant’s threat of “pay this or I’ll file a lawsuit.” They will also not tell you what your statute of limitations is, and they will not warn you of the risks of doing something like giving them a recorded statement.
The insurers will do their best to make this bike crash your fault if they can, regardless of what the police report says. They may argue you should have been wearing brighter clothing, that you should have made eye contact with the driver before proceeding, that you should have done things above and beyond what the law requires you to do, in order to have avoided this “accident” (they always use the A-word).
So -hiring an attorney means your lawyer can manage all of this- not only with the driver’s insurer, but also with your auto insurer (since those policies are implicated and involved here) AND your health insurer as well (since they often hold out their hands and ask for reimbursements from any settlement you may obtain). Your attorney can manage all of the insurers as well as all of the paperwork and assist in numerous ways so that you can truly turn your focus to RECOVERY and getting better. The attorney can calculate all of the claims you’re entitled to assert, provide you suggestions on what amount to pursue, and can absolutely file a lawsuit on your behalf if the insurers involved refuse to pay you fairly.
Not only that, but cycling lawyers will often also assist as a counselor and facilitator to you in the traffic case against the driver, which results from the citation issued by the police to the driver. The traffic/criminal case is where the driver faces loss of driving points or privileges, fines, community service, or even jail or prison time for their conduct in harming you. It is important that you be involved in this case as the victim/witness and that your attorney assist you through this process, attend sentencing hearings with you, help you submit applications for restitution or to a Victim Compensation Board, and more.
Yes, hiring an attorney does come with some associated expense. Most personal injury/cycling lawyers work on a contingency fee basis, which means they recover a % from your gross settlement. The industry norm is 1/3, however some lawyers may charge more or less depending on the case. The lawyer will typically also advance case costs and then will be reimbursed for those costs from your settlement. There are no up-front retainers or hourly invoices for you to pay in this model, and the lawyer does not get paid unless you do.
Your attorney is your teammate, and depending on how long your treatment takes, your case may take several years to conclude. So pick a teammate that you trust, someone you like and believe will advocate for you strongly, someone who gets the cycling-mindset and understands why it is SO important for you to get back to cycling asap. We recommend you choose a lawyer who specializes in cycling law and associated legal topics. Please visit TheCyclist-Lawyer.com or click the button below to learn more about us and how we can help you in your case.
You may decide to handle your claim on your own.
Maybe you’d like to handle your claims on your own. You’ve weighed the “pros” of handing things off to a lawyer with the “cons” of paying them a contingency fee from your recovery, and you’ve decided to tackle your claims without representation.
There is no requirement that you must involve an attorney, and claimants can be successful in negotiating a resolution that they feel is fair on their claims. Fairness- or being made whole- is the ultimate goal.
Before proceeding without representation, be sure you know the following:
-applicable statute of limitations in your case;
-the claims the law in your jurisdiction allows you to assert;
-how to obtain the supporting documentation you’ll need for your claims, like medical records, itemized medical billing, expert opinions, medical visuals showing your injuries, etcetera;
-how to negotiate with the insurance company and if they will not negotiate fairly with you, how to pursue filing a lawsuit, perhaps in small claims court, or county or district court. Most state court websites have a “self help” section with the forms and instructions you’ll need.
If you find that you’re not making progress with the insurers involved and you decide at that time to involve a lawyer, some will still take your case, while others may decide that the case posture is no longer one in which they can succeed on your behalf, due to the exchanges you’ve already had with the insurer. Most lawyers prefer to take control of a case from the very start to control the variables and make sure their best work and efforts result in the best result for the client. Being involved late in a matter can often hinder this objective /outcome.