“Can I be compensated for pain and suffering after a bicycle accident that wasn’t my fault?”
Attorney Matt Boulton was recently asked this question by an Indianapolis bicyclist who was struck from behind while traveling in a designated bike line.
Indianapolis and surrounding cities throughout the Hoosier state have taken steps toward improving safety for bicyclists, but despite the progress, there is still an enormous amount of risk when bicyclists share the road with automobiles.
In the event that you are struck while riding your bike, such as the case above, there is a chance that you may sustain an injury that requires medical care, time off work, and a recuperation period.
Your experience will likely leave you wondering what your rights are with regard to collecting compensation for your bills and lost wages, however, you should also be aware that the most significant portion of monetary compensation will likely be what you are entitled to for “pain and suffering.”
Bicyclist Pain & Suffering Compensation
If it is determined that you are not more than 50% at fault for the accident, Indiana law grants injured bicyclists the right to seek compensation for their injuries.
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Boulton Law Group attempts to recover compensation for a number of damages on behalf of its bicyclist clients, including:
- Medical bills
- Lost wages
- Pain and suffering
Unlike pain and suffering, medical bills and lost wages are often a fixed and/or objective total based on the documented charges from the medical providers and the number of hours/days your employer verifies that you were absent.
For this reason, it is important to understand how the pain and suffering portion of your claim is determined and what it may be worth as part of your total bicycle accident recovery.
What is Pain and Suffering?
Defining pain and suffering for an injured bicyclist can be complicated, especially if you are not an experienced attorney that has previously handled these types of claims. After all, what does “pain and suffering” even mean?
Generally speaking, the term pain and suffering is used in law to describe the different types of distress an injured bicyclist may experience after an accident. In many cases, the two categories include unique physical and cognitive experiences.
As expected, the physical pain and suffering refer to the bicyclist’s injuries. This type of pain typically involved both the pain a person experiences right after a crash and while recovering as well as the pain a crash victim is expected to experience in the future.
Cognitive pain and suffering can be a combination of physical injuries as well as the event itself, which can lead to emotional distress.
And while the two types of injuries may be viewed separately from one another, they will be collectively accounted for under the heading of pain and suffering when seeking compensation.
Depending on your experience, Matt may suggest a number of options to help heal from the experiences related to your accident, including professional counseling.
How is Bicyclist Pain and Suffering Calculated?
As we mentioned, pain and suffering is not an objective figure, which means it cannot be figured by adding totals, such as is the case with bills or lost wages. Instead, Matt will look at your unique experiences to help determine the overall value of your pain and suffering.
Having handled a number of bicycle personal injury cases throughout Indiana, Matt has experience with a variety of insurance companies and their defense of these claims. His knowledge in this practice area helps to ensure his clients will receive full and fair compensation.
And in the rare event that the insurance company does not meet his demands, Matt is able to file a lawsuit on your behalf that will communicate Boulton Lw Group’s willingness to take the case all the way to a courtroom if necessary.
Questions About Your Indiana Bicycle Accident?
If the insurance company has denied your claim or made an unfair offer on your case, you have the right to seek a second opinion from an experienced legal advocate.
Attorney Matt Boulton has more than 20 years of experience helping Hoosier bicyclists navigate Indiana’s laws and their rights to seek compensation.
Boulton Law Group offers all Indiana bicyclists a Zero Fee Guarantee, meaning you will never be charged for friendly legal advice, and you owe the firm nothing until your case is won.
If you wish to send Matt your story, you may use the firm’s confidential contact form. Matt will personally review the details of your case at no cost to you.