How Can You Maximize Your Compensation After a Bicycle Injury?
Getting injured in a bicycle accident can be a life-altering experience, physically, emotionally, and financially. Whether you were struck by a negligent driver, injured by poor road conditions, or involved in a hit-and-run, you’re likely facing mounting medical bills, lost wages, and a long road to recovery.
Fortunately, Pennsylvania has a range of options to help injured cyclists seek compensation. The key is knowing how to work through the system and doing so quickly and strategically.
Here, our bicycle accident attorneys at Goldberg, Goldberg & Maloney will explore the essential steps you need to take after a bicycle injury in West Chester, Pennsylvania, or the surrounding areas to protect your rights and maximize your financial recovery.
Document Everything Right Away
After a bicycle accident, the details can quickly fade or change, making it critical to capture as much evidence as possible while the situation is fresh.
The sooner you start documenting the incident, the stronger your case will be, whether you're negotiating with insurance companies or preparing to go to court. Here’s how to make sure you have the right information:
Take Photos and Videos
Start by taking clear photos of the accident scene from multiple angles. Capture the positioning of your bicycle, the vehicle involved (if applicable), any damage to property, and nearby road conditions or traffic signals that might be relevant to the incident.
If your injuries are visible, photograph them as well. These images can help provide a visual record of the physical toll the accident has taken on you. If you’re able to, consider taking a video of the area, which can offer even more context, such as weather conditions or road hazards that contributed to the crash.
Get Information From Witnesses
If anyone witnessed the accident, their testimony can be invaluable. Obtain their names, phone numbers, and email addresses so your bicycle accident attorneys or insurance adjuster can follow up with them.
Witnesses who can speak to the details of the accident, such as how it occurred, who was at fault, and any contributing factors, may help corroborate your version of events. Don’t rely solely on the police report or the driver’s account of the accident; witness statements can offer important third-party perspectives.
File a Police Report
Even if the other party involved in the accident appears cooperative, always file a police report. Having an official document of the incident can be critical when building your case.
The police report often contains vital information, such as the officer’s observations, any citations issued, and a statement about who was at fault. Request a copy of the police report once it’s available and keep it in your records—it’s an official piece of evidence that you can refer to during your claim process.
Keep a Detailed Injury Log
After the accident, it's important to document not just your physical injuries but also how they affect your daily life. Keep a detailed log of your symptoms, any pain you’re experiencing, and the types of medical treatments you're receiving.
Record doctor’s appointments, physical therapy sessions, or surgeries, as well as the dates and outcomes of these visits. In addition, write about how your injury impacts your ability to perform everyday tasks, such as going to work, taking care of your household, or engaging in hobbies.
This detailed log can be critical in demonstrating the severity of your injury when seeking compensation for pain and suffering, lost wages, and other damages.
Save All Medical Records and Bills
As you receive treatment for your injuries, keep a copy of all medical records, bills, and prescriptions. These documents will help substantiate the cost of your treatment and the extent of your injury.
Be sure to include any receipts for out-of-pocket expenses, such as transportation to medical appointments or home medical equipment. If your injuries require long-term treatment, keeping track of future medical needs is also crucial for accurately assessing the total compensation you may be entitled to.
Document Your Financial Losses
If your injury causes you to miss work, keep track of the wages you’ve lost. You may also want to document any future income you could lose due to long-term or permanent disability.
If your injury requires modifications to your home or vehicle, such as ramps or assistive devices, keep records of those expenses as well. If your injuries affect your long-term earning potential, this documentation will be important when calculating your total compensation.
Keep a Journal of the Emotional and Psychological Impact
Beyond the physical impact, many bicycle accident victims also experience emotional and psychological effects such as anxiety, depression, or post-traumatic stress disorder (PTSD).
Keeping a journal about how the accident is affecting your mental health can strengthen your claim for pain and suffering. If you're seeing a therapist or counselor, ask them to document how your injury is impacting your emotional well-being, as this could provide valuable support for your claim.
The more comprehensive your documentation, the stronger your case will be. A well-documented claim makes it easier for your bicycle accident attorneys to negotiate with insurance companies and for you to secure a fair settlement or judgment. By taking these steps early on, you’re setting yourself up for success in the long run.
Consider All Types of Compensation You May Be Eligible For
When recovering from a bicycle injury, it’s important to consider more than just immediate medical expenses. Compensation can cover a wide range of damages, including:
Medical expenses: This includes not only current bills but also future medical care, such as ongoing treatments, physical therapy, or surgery.
Lost wages: If your injury prevents you from working, you’re entitled to compensation for the income you’ve lost. If your injury affects your ability to work long-term or permanently, you may also be entitled to compensation for reduced earning capacity.
Pain and suffering: This compensates for the emotional and physical toll your injury has taken on your life, and it can sometimes be a significant part of your total settlement.
Property damage: If your bicycle was damaged or destroyed in the accident, you may be entitled to compensation for repair or replacement.
Working with experienced bicycle accident attorneys helps to make sure that you account for all the potential damages and that you’re not leaving money on the table.
File Your Claim as Soon as Possible
Delaying filing a claim can seriously impact the outcome of your case, as there are time-sensitive aspects to both legal and insurance procedures. Here’s why it’s critical to file your claim as soon as possible:
Pennsylvania's Statute of Limitations
In Pennsylvania, you have a limited amount of time to file a personal injury lawsuit after a bicycle accident. This time period is governed by the statute of limitations, which typically gives you two years from the date of the accident to file a lawsuit.
If you miss this deadline, you may lose your right to pursue compensation entirely. While you may still be able to negotiate with insurance companies, having a lawsuit filed gives you leverage and protects your rights if negotiations break down.
Preserve Evidence and Witness Testimonies
The sooner you file your claim, the more likely it is that important evidence, such as eyewitness accounts, surveillance footage, and physical evidence from the accident scene, will be available.
As time passes, memories fade, and evidence can be lost or destroyed. Witnesses may move, forget key details, or become hard to locate. Filing your claim early assures that evidence is preserved and that witnesses can provide statements while their recollection of the incident is still fresh.
Prompt Notification to Insurance Companies
Filing your claim early also means that you notify the insurance companies involved sooner. Under Pennsylvania law, you're required to inform your own insurance company about the accident within a reasonable timeframe—often within 30 days after the incident.
By promptly filing your claim, you can avoid issues with insurance companies, such as denial of coverage for late reporting or complications with medical benefits.
Additionally, insurance companies may drag their feet in processing claims or try to offer a quick, low settlement if they believe the claim isn't being actively pursued. Taking action early demonstrates that you're serious about seeking fair compensation, which may encourage quicker responses and more favorable settlements.
Maximize Your Recovery and Damages
The longer you wait to file your claim, the harder it can be to connect the injury to the accident, and the less likely you're to fully document the extent of your damages.
For example, delays in medical treatment can negatively impact your injury’s healing process and reduce the perceived severity of your injuries, which can directly affect your settlement amount.
Filing quickly assures that all your damages, including medical costs, lost wages, pain and suffering, and property damage, are accounted for accurately and thoroughly.
Protect Against Possible Defense Claims
The defense (the at-fault driver’s insurance company or your own) will try to minimize the compensation they pay. One common tactic is arguing that you waited too long to file your claim, casting doubt on the validity or urgency of your injury.
Filing early can help counteract this defense strategy by showing that you’ve been diligent and serious about pursuing your case. Our bicycle accident attorneys can guide you on what to include in your claim, help you work through insurance processes, and make sure all legal steps are taken properly.
Contact Our Bicycle Accident Attorneys Today
If you've been injured and need experienced bicycle accident attorneys, look no further than Goldberg, Goldberg & Maloney. We serve clients in West Chester, Pennsylvania, and the surrounding areas. Contact our firm today to schedule a consultation.