Under California law, a bicycle is treated with the same respect as those given to cars and other vehicles. Thus, if you are living in LA County and if you have been involved in a bicycle crash, you have the right to file a claim or lawsuit to recover monetary compensation for your acquired injuries.
Recoverable damages for the injured cyclist's bodily injuries
Similarly, a bicyclist who sustains body injuries due to the negligence of another is entitled to sue the responsible party in court and obtain a judgment for money damages that will reasonably compensate him for all damages caused because of those injuries.
This includes "general damages" for:
Pain and suffering
mental anguish,
cosmetic deformity,
reduced quality of life and loss of enjoyment of life
economic damages for past and future hospital
medical and therapy expenses for diagnosis and treatment of the injuries
loss of wages and benefits from employment,
loss of income from self-employment
If the injured cyclist was married at the time the negligent act or omission caused harm, his or her spouse may also assert a claim for loss of consortium. This entitles the non-injured spouse to recover damages for the loss of the injured spouse's:
love and companionship
comfort and affection
sexual relations and
household services
However, filing a lawsuit in LA County is not always an option; an injured cyclist can make a suitable settlement from the liable parties. If settlements cannot be reached before an expiration of the statute of limitation, which is two years from the date of injury, then it is only justifiable to file a lawsuit in order to be properly compensated.
Recoverable damages for the death of a bicyclist
Civil Code Procedure §377.60 gives right to the victims heir to obtain damages for their personal losses because of the wrongful death.
If the heirs are financially dependent to the deceased victim, they can receive monetary support equal to the amount extended to them by the victim when he/she is still alive.
When a cyclist left a will, then the executor of his will bring survival action pursuant to CCP §377.20 to recover the hospital and medical expenses she incurred between the time of injury and time of death, expenses that would otherwise deplete the estate.
On the other hand, if a victim died without leaving any testament, successors in interest may bring a surviving action to recover any losses associated with his/her death.
If in the rare event the person who killed the cyclist did so intentionally and maliciously, his/her estate may seek punitive damages against the defendant in the survival action.
Recoverable damages for damage to your bicycle
Under the LA County laws, bike crash victims are entitled to receive compensation for the cost of repairs or the actual cash value of the bicycle at the time of the loss.
You can hire a bike mechanic to assess the costs of the repair and this will most likely include the service or maintenance of your bike.
When you are caught in a bike, related accidents do not hesitate to ask counsel to an expert attorney with a background in Bike Crash Accidents.
LA County Bike Crash attorneys can lessen your pain and increases your chances to avail the necessary compensation from all the issues associated with your bike accident involvement.
Source: http://www.ArticlePros.com/author.php?Janice Ticar
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