Illinois Bicycle Accident Cases
by Michael Helfand
(Illinois)
If you have been injured while riding your bike – either because you were hit by a car, bus, other bicyclist or an obstruction on the road – you may be able to be compensated for your injuries. Such compensation includes medical bills, future medical bills, lost wages, pain and suffering, disfigurement and even loss of normal life.
First, however, the local police should have been contacted at the time of the accident. Hopefully, you did this or someone did it on your behalf.
If so, be sure to get a copy of the police report , including the names and contact information of all witnesses. This information will be essential in proving your case.
At the time of the accident, you may have received medical assistance or were taken to a hospital. Be sure to maintain copies of all of your medical and hospital records. These will also be essential in proving your case and your damages.
Now, you should focus on your health and making a full recovery. Again, keep all records of your progress and the maintenance of your health – physical therapy, prescriptions, etc.
You may be wondering if not wearing a helmet will bar your case. If the other party was negligent, it should not bar your case.
What will bar your case is the amount of time since the accident. In Illinois, there is a statute of limitations on personal injury cases such as bike accidents. This means that you must file your lawsuit within two years of the date of your accident.
When you are ready to select an attorney to represent you, you should be sure to hire someone that has a breadth of experience in personal injury law.
This person should listen to you, understand your goals in filing the lawsuit (what you hope to gain such as reimbursement for medical expenses) and work with you along the way to attain those goals – whether that means eventually settling with the defendant or proceeding to trial.
Depending on the defendant, you are going to likely be dealing with that person’s insurance company. An experienced personal injury attorney will know how to effectively negotiate with the insurance company representatives and ensure that you are compensated fairly.
Even if the other person doesn’t have insurance, you can still file an uninsured motorist claim with your own auto insurance company. These are things that you will discuss with your attorney.
Another thing to keep in mind is that personal injury attorneys typically handle cases on a contingency basis. This means that you are not paying your attorney by the hour.
In fact, you will not be paying your attorney anything unless you get something. So, if you get nothing, you pay nothing. If you get a jury award or a settlement, your attorney is paid a certain percentage of that.
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Michael Helfand has been an Illinois attorney since 1997 and is founder of FindGreatLawyers.com the leading resource for Illinois lawyer referrals and legal guidance.
