To have a successful bicycle accident case, you have to be sure that you are going by the statute of limitations. Every bicycle accident that involves compensation must meet a deadline. Your statute of limitations is the amount of time you get to file your claim. In South Carolina, you are given three years from the date of your accident to either settle it in civil court or bring your claim.
This a law so that means if you are late, you are no longer eligible for compensation. This is the unfortunate fact with this law. If you have been seriously hurt in a bicycle accident and you want to receive compensation, you need to call a lawyer as soon as you can. The sooner you hire a lawyer, the more time they have to work on your case and make it strong.
When you have a lawyer by your side early on, it is a benefit. You should not delay talking to a lawyer as, even waiting a couple of weeks can damage your case. You do not want your evidence to go missing or disappear. Furthermore, if you wait until the last minute to try to start a case, a lawyer may not be able to help you as these cases take time to build and they need some time to do so.
In South Carolina, you have to get compensation by the rules of modified comparative negligence, or shared fault. That means that your compensation award will be affect by how much fault you shared in causing the accident and thereby your injuries.
You can get compensation that covers any past or future medical bill, lost wage, or pain and suffering that you have endured. A number is deliberated and determined in negotiations as to what is fair to compensation you for these damages and then that number will be impacted by what percent fault you share.
Shared fault laws work as such:
For example, if the insurance negotiations determine that you are 20% at fault for the accident because of something you did wrong while on your bicycle, then your award will be reduced by 20%. If you have been awarded $10,000 for your injuries, that award would turn into $8,000. We will work tirelessly to make sure you get a full and fair compensation award.
In regards to every personal injury case along with bicycle accident cases, you need to get medical care immediately. Your health and your case are at risk if you do not do this as soon as possible. You want to be able to get better quickly and make a full recovery and that may not happen if you delay or avoid treatment. In some cases, you only get worse or you could create more problems for your health if you wait.
You also do not want to give the insurance company any reason to be suspicious of you and your injuries. If you wait to see a doctor, they could claim that your injuries happened somewhere other than your accident with their insured. They could also claim that you are lying about how severe your injuries are if you did not get treatment or delayed treatment. With these grounds, they can try to eliminate or reduce your claim which is something we do not want to happen to you.
I recently had a discussion with a man from South Carolina who was riding his bike and ran into a pothole, sustaining some pretty severe injuries as a result of that. One of his first questions was if he actually had a claim. When you’re evaluating a case like that, you have to consider where the pothole was. Was it in a city street? In that case, you may have issues of sovereign immunity that you can get around if you can show that the city or county knew it was there and did not take steps to address it through what they call “ministerial duty.”
In the context of, say, a parking lot at a shopping center or grocery store, what you really want to show is that the store had superior knowledge of that pothole. If you can show that – and you can show that by what they call constructive knowledge, showing that they knew or should have known that the pothole was there – then you can bring a successful claim as a result of a bicycle accident caused by that pothole. If anyone has questions about this, I’d be happy to talk to them in greater detail.
I was recently contacted by a man who was in a bicycle accident, and one of his first questions was, “How long does this process take?” I explained to him that the process takes as long as his medical treatment takes to complete, and that he shouldn’t even attempt a settlement with an insurance carrier until he’s reached maximum medical improvement. Until he reaches that point, he doesn’t know how badly he’s injured. If he doesn’t know how badly he’s injured, he can’t present a complete story to the insurance carrier. At the same time, it depends also on the reasonableness of the insurance carrier itself. Some insurance carriers are reasonable and want to adjust claims fairly, and other ones are not. That can have a great impact on any case.
The length of the case will depend upon the extent of the injuries sustained by the person and by the reasonableness of the insurance carrier. If you’ve been in a car wreck or a bicycle accident, we’re here to help you at Nimmons, Malchow, Johnson.
I recently spoke to someone from South Carolina who was in a bicycle accident, and one of the first questions that they asked was, “How is this accident different from a car wreck case?” It’s a good question. On the surface, an automobile accident is very similar to a bicycle accident. Some of the things that pop up with a bicycle accident that you may not see as often with a car wreck are the extent of the injuries. Someone on a bicycle is even less protected than someone in a car, so the injuries tend to be much greater. You also have more confusion with bicycle accidents. People on bicycles don’t know if the insurance carrier will actually pay money for an accident since they were on their bicycle. In South Carolina, bicycle accidents are treated the same way as automobile accidents in the context of making an insurance claim.
If anyone out there has been in a bicycle accident and has questions about insurance coverage and how to go about making a claim, please contact my office. We’d be more than happy to talk to you.
Last month, I spoke to a man from South Carolina who had had a bicycle accident, and he asked me a similar question. He had actually spoken to the liability insurance carrier and had given a sworn statement to them. He wanted to know if that was a good idea. The answer to that is almost always, no. You have no duty whatsoever as an injured party to speak to the insurance company for the person who has caused your injuries. You may have responsibility to your own insurance carrier, but you have none to the person that hit you. That insurance company’s only responsibility is to make you whole as a result of the negligent acts of their insured.
If anyone out there has been in a bicycle accident, I would be more than happy to answer any questions that you have.
I was recently contacted by a woman from South Carolina who had been in a bicycle accident. One of her first questions was, “What is the value of my case? How much money am I entitled to as a result of having this bicycle accident?” That’s a common question, and it depends on a lot of different variables. It depends on the extent of the injuries sustained by the person, for one. In South Carolina, you have special damages and you have general damages. Special damages are things that are easily quantified, like medical bills, lost wages. You can put a dollar sign on those very easily. General damages include pain and suffering and emotional distress. Things like that are not as easily assigned a dollar figure.
Every case is a little bit different, so it really does depend on the specific nature of the wreck, the type of injuries sustained, and the status of the person involved – what they’re going through in their life. Not everyone is at the same point in their lives when they have an accident. If anyone out there has questions about a bicycle accident or any kind of injuries they have sustained as the result of a bicycle accident, we would be happy to discuss your case with you.
I was recently contacted by a man from South Carolina who was in a bicycle accident. First off, in talking to him, I noticed that he had made some key mistakes early on in his case. The first one was that it was several months following this accident and he was only now even attempting to contact a lawyer. He also made the mistake early on of attempting to talk to the liability insurance carrier. He actually gave a sworn statement to that carrier. To make matters even worse, he delayed in getting medical treatment because he was depending upon that insurance carrier to pay for his medical expenses and to set him up with a doctor.
These are some of the mistakes that people make early on in their cases. What anyone who has been in a bicycle accident should do is first find a competent attorney— a trial attorney who has experience in bicycle accident cases and is willing to see the case all the way through to the end.
If anyone out there has been in a bicycle accident and has any questions, I would be more than happy to talk to you at your convenience.
I recently spoke to a man who was injured in a bicycle accident in North Augusta. In the accident report he was found to be partially at fault. One of his first questions was, “Can I still bring an insurance claim, even though I’m being held partially at fault?” The answer to that is, it depends. South Carolina, like many states, follows a comparative negligence rule, which basically means that, if the other person is just a little bit more negligent, you can still bring a claim. Your damages, however, will be reduced by the percentage of fault that a jury allocates to you.
If you think that someone was more negligent than you in any type of accident, including a bicycle accident, it’s worth your time to get in touch with an attorney so that the attorney can evaluate the facts of your case. Even if you think that you might have been even more at fault, it’s still important to get in touch with an attorney. An attorney might see things that you did not and might be able to show that, in fact, it was actually the other party who was at fault. If anyone out there has been in a bicycle accident and has questions about negligence or how they can go about bringing an insurance claim, please contact our office. We would be happy to talk to you.
I spoke recently to a man from Graniteville who was in a bicycle accident. He was riding his bicycle and was struck by a vehicle. One of his first questions was how he should go about finding a competent attorney. I told him there are many competent attorneys out there who can represent him and do a good job, but that what he wanted to do was make sure that he got an attorney who was experienced in handling bicycle cases, specifically. He needed an attorney who could tell him that they have handled similar cases in the past, and who was not afraid to see a case through the litigation process. As just such an attorney, I’m here to help anyone who has been in a bicycle accident. If you have been in an accident, please call us at Nimmons, Malchow, Johnson.
If you need a strong, skilled, and dependable lawyer to represent your case, please do not hesitate to call our North Augusta bicycle accident lawyers today to get a free initial consultation. We will go over your case details and educate you on the process of getting the fullest compensation award possible. Call us today to learn more!