Determining the Need for a Lawyer After a Bike Accident

People who have been injured in bike accidents often suffer serious harm, such as spinal cord injuries, traumatic brain injuries or broken bones. It is important to have the best representation against a person who has hit a bicycler.

Lawyer:

A bicycler needs an attorney after a bike accident if there have been injuries, especially serious ones. This is because the insurance company for the driver will probably try to assert and prove that the bicycler did something to place himself in harm’s way and was, thereby, hit by their insured’s car. Of course, this is not true, but they will try to prove bicycler negligence to avoid paying some or all of the claim.

Medical Care:

An attorney will send his client to a doctor who will direct his medical care. This physician will most likely be one who is acquainted with how to work with the personal injury legal system. The doctor will refer his client to specialists, as needed, such as a neurosurgeon, a psychiatrist, an orthopedist, a plastic surgeon, a physical therapist, a chiropractor and any other specialists that are necessary. These will be paid by the defendant’s insurance company.

Discovery:

Written questions will be sent by the attorneys to the opposing parties regarding the pedestrian accident. Depositions are taken by both sides. A deposition is oral testimony taken down under oath by a court reporter. This testimony has the same bearing on the case as does testimony taken at trial. Then the court reporter publishes this testimony in a booklet that she mails to both sides. An accident reconstructionist is usually hired, as are any other expert witnesses that can assist in proving the case.

Settlement Demand:

When the plaintiff’s medical care has stabilized, his attorney sends the defendant’s attorney a demand for settlement. The attorneys will go back and forth in letters discussing fair settlements. A bicyclist’s permanent disability caused by the accident is one important factor in settlement of the case.

Mandatory Settlement Conference:

The case will eventually come up at the courthouse for a Mandatory Settlement Conference. At this conference the defendant’s attorney presents an official offer of settlement. The plaintiff decides whether or not to accept the settlement offer.

Trial:

If the case does not settle at the Mandatory Settlement Conference, it then is tried before a judge and/or jury in a courtroom. At trial, both sides present their cases. If the pedestrian’s attorney receives a verdict in his client’s favor, the defendant’s insurance company will pay the monetary award to the pedestrian. The amount of the verdict will depend upon the amount of trauma, permanent disability, loss of ability to work and other significant factors influencing the plaintiff’s future.

For more information about Auto accident Law Chicago, please visit WillensLaw.com.