Average Settlement Values for Bicycle Accidents in Kansas City
As a Kansas City bicycle accident attorney, I am often asked question what's a "fair" or "average" settlement for a bicycle accident claim in the Kansas City area. The bicycle accident may have occurred in Kansas or Missouri. Among other factors, the circumstances of the crash, the severity of injuries and insurance available are always variables that we must investigate before answering this question.
However, the question of settlement value in bicycle accidents is often critical when the injury victim is severely injured or dealing with potentially life-changing limitations, growing medical bills and lost wages.
Bicycle Accident Formula or Settlement Calculator?
Despite what you may read elsewhere, there is no secret formula or settlement calculator that can reliably predict the settlement value of every bicycle accident claim. Every bike accident case is different, and there are many different variables that can impact settlement value. These variables all play off each other. Some offset the other and some can eliminate the right to recovery completely.
You may be wondering what's a fair settlement because you have been offered a settlement in your own bicycle accident case. The answer as to what's fair bike accident settlement will depend on fact-specific circumstances for your particular claim. These factors include:
- the type and severity of your injuries,
- the amount of your past and future medical bills,
- your lost wages and future lost earning capacity,
- whether your injuries are permanent,
- the amount of insurance available,
- the jurisdiction where the accident occurred and typical jury verdicts in similar cases, and
- whether the other party says you are partially at fault for the bike accident (this is common in bicycle accidents and will require a good lawyer to rebut).
While anyone can guess what your claim is worth, the truth is it is impossible to assign an average or fair settlement figure without fully investigating and reviewing each of these factors.
Even then, the value of your case will ultimately depend on what the insurance company for the other party thinks a reasonable juror may do in your case if it proceeds to trial. Juries are notoriously unpredictable. So, even if you and your lawyer know all the facts, there is still uncertainty and risk in rejecting the top settlement offer and going to trial.
An Experienced Bicycle Accident Attorney Can Help
You may be wondering what to do after a Kansas City bicycle accident.
An experienced bicycle accident attorney can assist in gathering and reviewing the documents, data and information required to evaluate each of the above factors. He or she can then help you understand how they apply in your particular case. After gathering and reviewing all necessary evidence, the best bicycle accident attorney will give you an approximate ballpark that he or she believes you should seek in a settlement.
Once you and your lawyer have an idea of the value of your claim, your lawyer can recommend an initial number to include in a demand package that they wills end on your behalf. A demand package is a letter from your lawyer that lays out how the accident happened, why the other party is at-fault, what your medical treatment and prognosis is, and a summary of your damages. A demand letter will conclude by demanding a specific number that you are willing to accept in exchange for a release of your claim. A demand package should include all the supporting documentation, including medical bills and records, accident reports, witness statements, pictures and other materials, to support your claim value.
It should be noted that the value of your settlement is only one part of total recovery. An experienced bike accident attorney will also identify, resolve and mitigate the effect of medical liens, claims of subrogation / repayment from your settlement. Missouri and Kansas law allow certain medical providers to assert liens on any recovery from a third party liability claim, including bicycle accident claims. State law requires these to be addressed prior to funds being paid to you.
As a result, your attorney should identify any potential liens early and before you agree a settlement so you have an idea as to the net settlement amount you will receive.
Call Our Kansas City Bicycle Accident Attorney
Bicycle accidents are serious legal matters. They can result in severe, life-altering injuries or even death. Settling a bicycle injury claim should not be done without solid legal advice, whether the accident occurred in Kansas City and any where in Kansas or Missouri. If you or a loved one were seriously injured in a bicycle accident, there's a lot you need to know and it's easy to make a mistake. You don't need a lawyer in every case, but serious injuries are different.
As a result, you should at least consult with an experienced bicycle accident attorney about your claim. Our Kansas City bicycle accident lawyer would be happy to hear your story and provide guidance as to next steps. You may contact us online or call today at 816-203-0143 for a free, no obligation case consultation. Don't hesitate, call today.