How Long Does a Bicycle Accident Claim Take?

There is no way to pinpoint exactly how long a bicycle accident claim will take. Some claims may take less than a month to resolve if all parties are determined to reach a solution, while others may take multiple years to complete.

When you hire a bicycle accident lawyer, they will try to give you a realistic timeframe for your claim. This timeframe may become clearer as your lawyer interacts with insurance companies, gathers information about your damages, and engages in settlement negotiations.

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What Determines How Long a Bicycle Accident Claim May Take?

While it’s difficult to project exactly how long a bicycle accident case may take, a few considerations may help your lawyer form their estimate. These considerations include:

The Severity of the Cyclist’s Injuries

Many cyclists recognize they are hurt after a crash. However, it’s not always immediately clear:

• What injuries you have suffered
• All the symptoms you will experience because of the injuries
• How severe your injuries are
• Whether you will be disabled by your injuries

Your attorney may need you to reach the stage of maximum medical improvement (MMI), which is the point at which “the covered [condition] is stabilized and is unlikely to improve with or without additional medical treatment.” Only then may your lawyer be able to determine how much money you deserve for your injuries.

If your lawyer has to wait for you to reach the point of MMI, this will affect how long your bicycle accident claim takes.

The Types of Medical Care You Need After the Accident

The medical journey after a bike accident can be long and difficult. Some bikers face a longer, more difficult medical journey than others. For instance, you might face a longer bicycle accident claim if you:

• Spend a substantial period in a hospital after the accident
• Need one or more surgeries
• Require rehabilitation for accident-related injuries
• Have other medical needs that prolong your recovery

The more medical care you require, the longer your recovery may take. The longer your recovery, the longer it may take to resolve your case.

The Complexity of Your Accident-Related Pain and Suffering

Pain and suffering is another category of damages your lawyer will have to document and value. The timeline for your bicycle accident case may be longer if:

• You have particularly complicated forms of pain and suffering (with post-traumatic stress disorder being one potentially complicated effect of a bike collision).
• Your pain and suffering symptoms are long-lasting.
• You find that treatment helps your pain and suffering, but the treatment requires time to take effect.
• Your lawyer needs to determine if any of your pain and suffering will qualify as a long-term or permanent disability.

Studies reveal that victims of bike accidents may have emotional, cognitive, and behavioral symptoms that impede their recovery. If you are struggling with mental health deficits, your lawyer may need to see how those deficits resolve (or don’t resolve) before they can determine the value of your case.

How Insurance Companies Approach the Claim (In Good Faith or Not)

Insurance companies can influence how long a bicycle accident claim takes. In some cases, insurers have more influence than any other party in determining the case duration. A claim generally takes longer if insurance companies:

• Contest fault for the bicycle accident claim (which can mean blaming the cyclist for the accident)
• Deny the bicyclist’s claim
• Dispute the value of the rider’s accident-related losses
• Refuse to negotiate in good faith
• Use other bad-faith tactics

On the other hand, if insurance companies accept financial responsibility and are willing to negotiate in good faith, your claim may take less time than it otherwise would.

Whether You Have a Bicycle Accident Lawyer Leading Your Claim

Attorneys understand that bike accident victims want fair compensation, and they want that compensation as soon as possible. Your lawyer will work towards an efficient outcome by:

• Dedicating their time, attention, and focus to resolving your case
• Relying on their expert network to document your damages in comprehensive details
• Leaning on their paralegals and support staff to handle aspects of your case (the more people working on your case, the sooner a resolution may come)

Your lawyer will know better than to guarantee a specific end date for your case. However, you can see that having an attorney dedicated to completing your case—and the many resources attorneys bring with them—will contribute to the most efficient outcome possible.

An Attorney Allows You to Be Patient No Matter How Long Your Bicycle Accident Claim Takes

Many injured bike riders find it difficult to be patient. You might feel the need to secure compensation as quickly as possible after an accident because:

• You are facing medical bills (and, possibly, pressure from medical providers to pay those bills).
• Your accident-related injuries prevent you from working, which means you don’t have your usual income to cover bills and other expenses.
• You need to repair or replace your bicycle.
• You would like to get mental health services for accident-related trauma, but you are concerned about the cost of such services.

You might simply want to get your case over with, as well. This is an understandable sentiment. Bicycle accident lawyers are well aware of the financial pressures the clients face, and your lawyer may alleviate these pressures by:

• Communicating with medical providers and others who may be sending you bills, informing them that you are in pending proceedings that prevent you from paying right away
• Using legal resources like a Letter of Protection to ensure providers that you will pay for their services once you receive compensation through settlement or judgment
• Negotiating with providers to reduce the cost of your accident-related care
• Potentially covering your bills (though not every law firm does this)

When you hire a lawyer, you can be more patient with your case. This is critical, as being patient prevents you from making decisions out of desperation, including accepting a lowball settlement offer.

The Risk of Rushing Your Bicycle Accident Case

If you do not hire a lawyer, you might be more likely to accept a quick, lowball settlement from liable parties. This will be an immense mistake, as accepting a lowball settlement can mean:

• Liable parties, possibly including one or more insurance companies, will not have to pay you more compensation.
• If you determine that you accepted too little compensation, you may have no recourse for securing more money.
• You may have to pay out of pocket for certain accident-related damages.
• You may choose not to get medical care, mental health services, or other necessary treatment because you’re concerned about the cost of care.
• You have to go back to work before you’re physically or mentally ready because you’re feeling financial pressure.

You only need to hire a bicycle accident attorney to avoid these potentially catastrophic consequences. Your lawyer will take care of your accident-related costs. You’ll only need to follow your doctor’s advice and put your recovery above all else.

How Your Bicycle Accident Lawyer Will Work to Resolve Your Case as Soon as Possible

Bicycle accident cases take time because there are several steps to complete. Your attorney will complete these steps as efficiently as possible without sacrificing the quality of their work or the integrity of your case.

Some of the steps that one must generally complete to succeed in a bicycle accident case are:

Determining Who Hit the Bicyclist 

Your lawyer will collect and examine all valuable evidence related to the crash, such as:

• Witness testimony about how the rider came to be injured
• Footage of the collision
• A police report featuring the officer’s conclusion about how and why the accident happened
• Expert testimony about the most likely cause of the accident

It’s important to know who hit the rider. Though this person can be at fault for the accident, that’s not always the case.

Proving Who Is At Fault for the Collision

Your attorney will determine if the person who hit you is at fault for the collision. While the motor vehicle driver is often at fault, there are exceptions.

For instance, if your bicycle accident attorney determines that defective brakes caused the driver to hit you, the brake manufacturer may be at fault for the collision.

Establishing Liability for the Bicyclist’s Damages

Liability refers to those who must pay for the cost of an injured rider’s damages. Those who might be liable for a bike collision include:

• The motorist who hit the rider or forced them off the road
• The manufacturer of a defective vehicle component (or bicycle component)
• Insurance companies representing at-fault parties
• Your own insurance provider
• A municipality responsible for dangerous driving conditions

Allow your lawyer to evaluate insurance policies, the facts related to the accident, and other relevant considerations. They will identify who owes you compensation for medical expenses and other damages.

Documenting the Rider’s Damages

Proving damages is pivotal. Insurance companies and others who owe you compensation may try to diminish the harm you’ve suffered. Your lawyer can stand firm behind their settlement demands if they have:

• Medical records detailing the exact injuries you suffered during the crash
• Proof of injury symptoms, which may come from your medical providers
• Medical bills
• Bills, receipts, and other financial records proving bike repair costs, temporary transportation costs, lost income, and other financial losses
• A mental health expert’s evaluation of your pain and suffering

You are also qualified to speak about your damages. Your attorney may have you testify about how any traumatic memories, physical pain, post-traumatic stress disorder (PTSD), and other forms of pain and suffering have affected your life.

Negotiating a Settlement

Your lawyer will insist that liable parties provide a fair settlement. This means a settlement that covers harm you’ve already suffered and any future medical costs, pain and suffering, and other damages.

Lawyers are generally able to convince liable parties to settle. Expect your attorney to update you throughout negotiations. They will help determine whether liable parties’ settlement offers are fair.

Completing a Lawsuit, and Possibly a Trial, If the Client Elects To

Riders who hire a bicycle accident attorney can sue. You may not need to sue, as your lawyer may negotiate a settlement before you seriously consider filing a lawsuit. However, simply having the option of filing a suit can provide:

• Peace of mind, as you will know that you will not be forced to accept liable parties’ lowball offers
• Leverage during settlement negotiations, as liable parties may want to avoid a lawsuit and may, therefore, offer a more favorable settlement

You may ultimately sue. You and your lawyer can make that decision collaboratively. If you do, your attorney will handle all paperwork, depositions, hearings, and any necessary trial.

Damages Injured Bike Riders Often Receive Compensation For

Severe injuries happen even when a victim is in a motor vehicle—with a metal enclosure, airbags, and other safety mechanisms protecting them. Riders have no such benefit; the rider realizes how vulnerable they are when a motor vehicle hits them.

Your attorney will document the full cost of your accident, which may include:

Pain and Suffering

Injured bicyclists are entitled to compensation for:

• Physical pain, including chronic conditions
• PTSD
• Emotional anguish
• Psychological distress
• Any of the many other conditions that can qualify as pain and suffering

You should also receive money to cover any therapy, counseling, medications, and other treatment you receive for your pain and suffering.

Medical Costs

Medical expenses will be your lawyer’s foremost focus when evaluating your damages. All accident-related healthcare costs warrant fair financial compensation.

Repair or Replacement of Your Bicycle

Your attorney will rely on experts to determine if your bike can be repaired or whether replacement is necessary. They will seek compensation to cover whichever remedy is needed for damage to your bicycle.

Professional Losses

If you lose income or suffer any other professional harm from the bike accident, your lawyer will include those professional damages in their case.

Riders Should Hire Their Bicycle Accident Attorney Right After the Accident

Injured riders deserve help, but you have to ask for it. Do not wait to contact a bicycle accident lawyer serving your area.