Have You Been Injured by an Accident or Equipment Failure of a 'Trek' Brand Bicycle?

What is your claim worth and for how long is it good?

Value of a Claim: There is, unfortunately, no exact formula used to determine the value of a claim such as yours. Any claim has its value established based upon multiple issues, including:

  1. If the defendant disputes liability,
  2. How much are your medical bills, both paid by a third party such as insurance or paid by you,
  3. Exactly what type of injury you or your loved one suffered and what is the long term effect upon you from those disabilities/injuries,
  4. How long were you actively in treatment,
  5. How much time and money did you miss from work, known as “lost wages,”
  6. Where did your accident happen? This is called the “venue.” (Jurors in more conservative counties compensate inured people less than jurors in compassionate counties.),
  7. Are there any factors which “aggravate” your possible damages (DWI, aggressive driving, texting, et cetera),
  8. What are the details of the people who got injured, (this unfortunate fact of life is known as “jury appeal”), and
  9. How much insurance is available which applies to your situation. Many people individually have little or nothing beyond their insurance coverage to satisfy a judgment.

Without question, if the injuries are more severe, the value of a claim is larger. However, with multiple factors to take into consideration, no competent attorney will try to tell you how much any claim is worth only days after an accident happens. Even if your damages are obviously significant, the total amount you might be able to actually collect may be limited to $30,000. This is the minimum limit of liability insurance allowed in Texas.

We understand these factors and can be a great weapon to have in your corner during this fight.

Call us at Carabin Shaw. We will fight to get you the compensation you deserve. Call 1.800.862.1260.

The duration of your claim : If liability for the accident is not in dispute, our attorneys will resolve your property damage claims first. However, understand that this can take some weeks or a couple of months by itself. Insurance companies sometimes get confused by damage claims for bikes. The Insurance company adjusters are frequently shocked that a bicycle can be worth much more than a couple of hundred dollars.

After your property damages are taken care of, your injury claim frequently hibernates while you work towards “maximum medical improvement” and get your needed medical care. That can take from a few weeks to months in some cases even longer.

Once you have completed treatment and reached what is called “maximum medical improvement”, your attorney will get all of your medical records and other supporting documents related to your medical situation. They will then send the responsible party’s insurance company a “settlement package.” A settlement offer usually goes with that. If that is reasonable, your case can be settled through negotiation without much delay.

If the other side thinks that the offer is not reasonable, then your lawyer will file a lawsuit. These can sometimes be resolved quickly, but frequently take time. In our experience, claims which involve cyclists have a habit of resolving sooner than many types of injury claims after the rider’s medical treatment finishes.

To sum up, an injury claim involving a bike can take from a few months to a an outside time frame of a couple of years. It depends upon many factors. However, the biggest of those factors are how long you were in treatment and how severe were your injuries.

We can help with each of these issues. Your first consultation in these cases is always free and no obligation to you. Spanish interpreters and/or speakers are available and standing by to help you.

Call us at Carabin Shaw. We will fight to get you the compensation you deserve. Call 1.800.862.1260.

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