This is the next post in a series of articles discussing bicycle accident cases in Hartford, Connecticut. Our previous post discussed what to expect if such a case proceeds to a trial. It is important to understand that not all attorneys are experienced in the handling of trials. Lawyers who handle trials must understand the strictly enforced rules of procedure and evidence that govern such proceedings. They must also have the skills necessary to communicate complex legal theories and facts to the jury so that they understand the information for purposes of deliberating their verdict. These are specialized skills that experienced trial lawyers develop over time. Our firm has the litigation experience required to ensure that your case is handled properly and that your legal interests are protected. In this article, we will discuss how damages are calculated in bike accident cases. If you need assistance, contact us today to speak with an attorney.
When an accident is caused by the negligence or willful misconduct of another, victims are entitled to receive compensation from the responsible party to cover their direct and indirect expenses incurred as a result of the accident. This may include past or anticipated medical expenses, wages from time off of work, and property damages. In cases involving serious injuries or the death of the victim, it is easy to imagine that compensation amounts can become significant. For instance, if the plaintiff’s injuries will require long-term therapy, future surgeries, or permanent disabilities preventing them from working, the anticipated financial cost to the victim and their family could reach into six or seven figure amounts.
Calculating one’s damages can be challenging for a variety of reasons. First, if the victim’s long-term medical prognosis is not completely ascertainable, estimating their future medical expenses and condition may not be clear. This may not only impact the cost of treatments in the future, but also the amount of potential lost earnings they may incur. As previously noted, expert witnesses are often called upon to opine on such matters. For obvious reasons, the defendant and their insurance company will make every attempt to keep the calculation low. To do so, they often engage their own expert witnesses to provide competing opinions. Consider the following example. The victim is a young mother who suffers a spinal cord injury and is permanently disabled. She has worked in the past as a computer engineer but currently is a stay-at-home mom. It may be necessary to engage an economist or actuary to estimate the value of losing her contribution to her family’s finances. The estimate may involve factors such as her age, her past employment, her education level, career plans, child care costs, etc. She may require permanent nursing care, surgeries, psychological treatment and more. Medical and financial experts may be called upon by both parties to estimate damage amounts related to each of these factors. The ultimate decision will be in the jury’s hands and, therefore, it is imperative that they fully understand the information presented to them during the trial.
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. Our Hartford lawyers are experienced in bicycle accident cases and are ready to assist you. We also serve the areas of Wethersfield, New Britain, Rocky Hill, West and East Hartford, Bristol, Glastonbury, and Manchester, as well as the Middlesex County cities of Middletown and Cromwell.