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Bicycles have become an increasingly popular mode of transportation and recreation in recent years thanks to their eco-friendliness, affordability, and convenience. However, with the rise in popularity comes an increase in accidents involving bicyclists. In New Mexico, bicycle accidents are becoming more common, putting riders at risk for serious injuries or even death.
If you or someone you know has been involved in a bicycle accident, it’s important to seek legal assistance from a reliable source like Olson Personal Injury Lawyers. With years of experience handling bicycle accident cases, our team can help you navigate the complex legal system and fight for the compensation you deserve.
Contact us today at (505) 391-4149 to schedule a free consultation.
The Value of an Expert New Mexico Bicycle Accident Attorney
The legal landscape surrounding bicycle accidents is complex and often confusing to navigate. This is due in part to the fact that bicycles are considered vehicles under the law, but they lack many of the safety features found on cars and trucks.
Additionally, bicyclists may be held liable for their own injuries if it can be proven that they were not following proper traffic laws or using their bikes in a safe manner. As such, pursuing a claim for damages after a bicycle accident requires an understanding of both state and federal law as well as the ability to navigate complex legal procedures.
Damages an Attorney Might Help You Claim
In addition to medical expenses, victims of bicycle accidents may also be able to claim lost wages if they are unable to work due to their injuries. This can include time off from work or reduced hours, as well as any training or education that is necessary for them to return to their previous job.
Other damages that may be claimed in a bicycle accident case include pain and suffering, property damage, and punitive damages if the defendant’s actions were found to be reckless or intentional.
Here’s how we categorize the different types of damages you can claim:
Economic Damages
Economic damages refer to the financial losses sustained as a result of a bicycle accident. These damages can include medical expenses, lost wages, and property damage.
- Medical Expenses: Medical expenses refer to any costs incurred for medical treatment related to the bicycle accident. This may include hospital bills, doctor’s visits, prescription medication, physical therapy, and other medical treatments.
- Lost Wages: If you are unable to work due to your injuries or property damage, you may be entitled to compensation for lost wages. This includes both past and future wages that would have been earned had the accident not occurred.
- Property Damage: Property damage refers to any damages sustained to personal property as a result of the bicycle accident, such as damage to a bike or other equipment.
Non-economic Damages
Non-economic damages refer to the non-financial losses sustained as a result of a bicycle accident. These damages can include pain and suffering, mental anguish, loss of enjoyment of life, and scarring and disfigurement.
- Pain and Suffering: Pain and suffering refers to any physical or emotional pain experienced as a result of a bicycle accident. This may include chronic pain, headaches, nausea, and other symptoms.
- Mental Anguish: Mental anguish refers to any emotional distress suffered as a result of the bicycle accident. This may include anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health issues.
- Loss of Enjoyment of Life: Loss of enjoyment of life refers to any limitations on activities or pursuits that were once enjoyed due to the bicycle accident. This may include restrictions on travel, sports, hobbies, and other activities.
- Scarring and Disfigurement: Scarring and disfigurement refer to any physical marks or deformities resulting from the bicycle accident. These damages can be significant, both in terms of medical expenses and emotional distress.
Pursuing a Bicycle Accident Claim With an Attorney’s Help
The legal process for pursuing a bicycle accident claim can vary depending on the jurisdiction and the specific circumstances of the case. That said, there is a general course of action to follow to maximize a claim, and your lawyer can help you go through it. Here’s the gist of how to pursue a claim:
- Seek medical attention immediately after the accident to assess injuries and document any necessary treatment.
- Gather as much information as possible about the accident, including witness statements, photos of the scene, and any police reports that were filed.
- Contact an experienced attorney who specializes in bicycle accident cases to discuss your options for pursuing a claim.
- Work with your attorney to gather all necessary evidence and documentation to support your case, such as medical bills, lost wage records, and witness statements.
- File a claim with the insurance company of the person or entity responsible for the accident.
- Negotiate with the insurance company to reach a fair settlement that covers all damages related to the accident.
- If a settlement cannot be reached, your case may proceed to trial where you will have the opportunity to present evidence and argue for damages.
Keep in mind that this is a very contextual process, and which step to take varies with the specifics of your situation. In general, however, it is important to seek out legal assistance as soon as possible after an accident.
Immediate legal counsel will allow you to gather evidence and witness statements while memories are still fresh and may also help prevent the other party from destroying or tampering with any relevant information.
Once all necessary information has been gathered, your attorney can then file a claim on your behalf and negotiate with the insurance company to reach a fair settlement. If a settlement cannot be reached, your case may proceed to trial, where you will have the opportunity to present evidence and argue for damages.
Statute of Limitations for Bicycle Accident Claims in New Mexico
In New Mexico, there are specific time limits within which a person must file a claim or lawsuit for injuries sustained in a bicycle accident. These time limits are called the statutes of limitations, and they prevent action from being taken once they expire.
The general rule is that a victim has three years from the date of the accident to file a personal injury claim. However, if property damage was also involved in the accident, the statute of limitations for that type of claim is set to four years.
You may be tempted to wait until the last minute to file a claim or lawsuit. However, it’s important to remember that three years can pass quickly when dealing with legal matters.
The longer you wait, the more difficult it will become to gather evidence and witness statements, negotiate with insurance companies, and build a strong case for compensation. Keep in mind that while all of this is going on, you may still have doctor’s appointments to keep up, work to return to and catch up with, and daily life to get back on track.
As daunting as that is, it’s important to note that these time limits are strict, and failure to comply with them can result in the loss of your right to compensation. As such, it is crucial to work with an experienced attorney as soon as possible after a bicycle accident.
Waiting too long may also impact your ability to receive medical treatment or rehabilitation services. An attorney will be able to review the specific circumstances of your case and advise you on the best course of action to ensure that your claim or lawsuit is filed within the appropriate time frame.
Therefore, it is crucial to take action as soon as possible after a bicycle accident in order to protect your rights to compensation. Working with an experienced attorney can help you navigate the legal process and ensure that your claim or lawsuit is filed within the appropriate time frame.
Attorneys With Experience and Reputation You Can Trust
Olson Personal Injury Lawyers was founded by Attorney Sean Olson with the goal of truly listening to accident victims and helping them heal. Since our founding in 2012, our New Mexico personal injury law firm has built a reputation for providing exceptional service and compassion while also delivering successful outcomes for clients.
Our team at Olson Personal Injury Lawyers specializes in representing those who have been injured due to bicycle accidents, as well as other types of personal injury cases such as car and truck accidents, construction accidents, and medical malpractice.
We have received numerous awards and recognition for our work handling bicycle accident cases, as well as other types of personal injury cases. Olson Personal Injury Lawyers is a member of the Million-Dollar Advocates Forum, which recognizes attorneys who have obtained settlements or verdicts worth over $1 million for their clients.
Lead attorney Sean Olson has also been named a Colorado Super Lawyer by Super Lawyers magazine and has received recognition from various other organizations.
Let Us Help With Your New Mexico Bicycle Accident
Bicycle accidents can be devastating, both physically and financially. In addition to the physical injuries sustained, victims may also face significant medical bills, lost wages, and other expenses related to their accident. It is important to seek legal assistance as soon as possible after a bicycle accident in order to protect your rights to compensation.
If you’ve been involved in a bicycle accident, it is important to take action quickly in order to protect your rights to compensation. At Olson Personal Injury Lawyers, we have extensive experience handling bicycle accident cases and can help guide you through the legal process.
We will work tirelessly to gather evidence, negotiate with insurance companies, and represent you in court if necessary. Contact us today at (505) 391-4149 to schedule a consultation and take the first step toward receiving the compensation you deserve.
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