Bicycling is a healthy and environmentally sustainable way to get around the Kenneth City area, but like pedestrians, bicyclists have almost no protection from an external impact. When a reckless or careless driver strikes a bicyclist, the resulting injuries are often incredibly severe and may lead to significant personal and financial losses in both the short and long terms.
Unfortunately, Florida state law has several limitations for filing a civil lawsuit after a bike crash that may make it difficult to recover compensation without the help of a qualified personal injury attorney. However, you may have a much better chance of effectively seeking financial restitution and achieving a positive result in your case with help from a Kenneth City bicycle accident lawyer.
Determining Liability for a Bike Wreck in Kenneth City
Generally, civil liability works the same in Florida as it does in every other state. For a case based on legal negligence, a plaintiff seeking compensation must prove that someone else owed them a duty of care, breached that duty of care, caused the accident through that breach, and preventable injuries directly resulted from that accident.
After establishing liability, a variety of damages may be available to injured bicyclists through either a court verdict or a private settlement. Most cases focus on economic damages which include medical bills, lost wages, lost earning capacity, and expenses related to the repair and replacement of damaged personal property.
Depending on the circumstances, non-economic damages such as loss of consortium, emotional anguish, loss of enjoyment of life, and general pain and suffering may also be available. A discussion with a Kenneth City bike wreck attorney could clarify what may be possible in a plaintiff’s particular case.
What Obstacles Might Prevent a Plaintiff’s Recovery?
While civil lawsuits can help injured people recover for many different damages, Florida residents can only file such a lawsuit under limited circumstances. Under Florida’s no-fault insurance laws, injured parties may only file suit against a negligent third party if they suffered a serious injury that resulted in significant and/or permanent harm such as a severe bone fracture or harm to the brain and spinal cord.
In situations not involving such injuries, an injured bicyclist may only recover compensation for economic damages through their own insurance policy or the insurance of the driver who struck them. Recoverable compensation is limited to 80 percent of medical expenses, 60 percent of lost work wages, and the costs of any extraneous services needed in the short term like babysitting or daycare during treatment.
Finally, even if a plaintiff is eligible to file suit, Florida Statutes §95.11(3) limits the filing period for such a case to four years following the accident in question. Given all these potential obstacles that could keep someone from recovering compensation, retaining an experienced bicycle accident lawyer may be crucial for anyone seeking damages after a Kenneth City bike crash.
Act Confidently with Help from a Kenneth City Bike Crash Attorney
Just because Florida law restricts your right to file suit does not mean that you have no chance of civil recovery. If you suffered serious harm due to a negligent driver, there are legal options available to you and a seasoned personal injury attorney could help you take your case as far as possible. Consult a Kenneth City bicycle accident lawyer today about the best course of action for your situation and start working on your case.
