A good settlement might mean something different to everyone. If you were hit by a car as a bicyclist in Pennsylvania, accepting anything less than a good settlement or jury award would be unfair to you.
Good settlement amounts can be hard to come by for victims of bicycle accidents, as defendants might not want to provide compensation for all of victims’ applicable damages. Most settlement offers, for that matter, are unfair, especially in the beginning stages of negotiations. That said, a good settlement amount would be one that covers all of your financial damages and emotional damages. Because bicycle accident victims are not always offered good settlements by negligent drivers in Pennsylvania, it often benefits them to take their cases to court.
For help with your case from The Reiff Law Firm, call our Philadelphia bicycle accident attorneys today at (215) 709-6940.
What is a Good Settlement Amount for a Bicyclist Hit by a Car in Pennsylvania?
A good settlement amount is subjective, and settlement offers should be evaluated based on the victim’s actual damages. If you were hit by a car as a bicyclist, your damages might be significant, making it all the more important to ensure a settlement is good before even considering accepting it in Pennsylvania.
A good settlement should include compensation for all of your out-of-pocket expenses, medical expenses, and lost wages. To ensure you have adequate documentation of all economic damages, our Pennsylvania bicycle accident attorneys can prioritize organizing and collecting proof of your financial damages.
A good settlement should also include compensation for a victim’s non-economic damages. When struck by vehicles, bicyclists might sustain any number of serious injuries, from broken bones to traumatic brain injuries. Such physical injuries can come with emotional consequences for victims that follow them throughout their lives. Unfortunately, compensation for non-economic damages is not always included in settlement offers from defendants, making such offers unappealing to victims in Pennsylvania, and for good reason.
Even a good settlement is unlikely to cover all the pain and suffering damages incurred by bicycle accident victims. Furthermore, settlements do not include punitive damages, which might be available if you take your case to trial.
Because Pennsylvania is a choice no-fault state for auto accidents, victims with limited tort insurance will have to prove that they meet the serious injury threshold in order to sue for non-economic damages. We can show the negligent driver that your injuries make you eligible for certain compensatory damages and argue that those damages should be covered in a settlement.
Is it Hard for Bicyclists Hit by Cars Hard to Get Good Settlement Amounts in Pennsylvania?
It is rare to receive a good settlement offer from a negligent driver right out of the gate. To get to that point, negotiations are required. That said, even with aggressive negotiations, a defendant might be unwilling to provide a bicycle accident victim with the compensation they deserve in Pennsylvania.
Negligent drivers and insurance companies are notorious for not offering good settlement offers at the start of negotiations. Defendants typically present a low-ball offer at first, hoping that victims will accept them out of an immediate need for compensation. Unfortunately, accepting this low-ball offer might leave you without a sufficient recovery. And, once you accept an offer, you will likely be unable to proceed with additional recovery methods in the future.
Furthermore, a defendant might be unwilling to present a fair offer even with aggressive negotiations. Even when faced with the wealth of evidence our attorneys have gathered, defendants might decide to take their chances at trial instead of presenting a good offer that fairly compensates a victim.
Settlement negotiations might take a very long time, especially if a defendant is not communicative or intentionally tries to disrupt the process. This might leave you without compensation for far too long, which is not an option for most victims in Pennsylvania.
What if You Can’t Get a Good Settlement Amount as a Bicyclist Hit by a Car in Pennsylvania?
If the driver who hit you with their car does not want to engage in fair settlement negotiations, it may be time to take your case to court. Our attorneys typically advise bicycle accident victims to go to trial, as it presents the opportunity for them to claim greater damages in Pennsylvania.
Going to trial can help your case in several ways. First, it shows that you are committed to your recovery and prepared to show your case in front of a jury. Second, going to court can allow us to present all evidence in support of your claim, evidence that can meet the standard of proof and show that the defendant’s negligence caused your injuries. Third, taking your claim to trial can allow you to have your day in court and hold a negligent party accountable for your injuries.
Furthermore, the jury decides your compensation award when you go to court. This means we can sway the jury with our arguments and evidence to convince them that you require compensation for certain economic and non-economic losses. Defendants are not always moved by evidence in the same way during negotiations.
Not being able to get a good settlement offer during negotiations should not feel like a loss to bicycle accident victims. Despite all of the evidence in your favor, you cannot force a defendant to settle out of court. And, because the standard of proof in civil claims is lower than that of criminal claims, it may bode well for you to take your case to trial in Pennsylvania.
There are no damage caps that juries must adhere to when awarding compensation in most types of injury claims in Pennsylvania. This can allow you to receive an award for all damages related to your case.
Call Our Bike Injury Lawyers About Your Claim in Pennsylvania
The Reiff Law Firm’s Pennsylvania personal injury attorneys can assess your case for free when you call (215) 709-6940.
