Bicycle accidents can cause very serious injuries. If you’ve been hurt while biking around Charleston, WV, call Mani Ellis & Layne, PLLC. A Charleston bicycle accident lawyer can explain your legal rights.
You might be eligible to recover payment for your losses. This money can go toward medical bills, lost wages, and even emotional trauma.
Since 2007, we have won hundreds of millions of dollars for our clients. Our Charleston bicycle accident attorneys can fight for you to win money, too.
Contact our office or call (304) 720-1000 to set up a free consultation today after a bicycle accident in Charleston, West Virginia.
How Mani Ellis & Layne, PLLC Can Help After a Bicycle Accident In Charleston
The Charleston personal injury lawyers Mani Ellis & Layne, PLLC have 71 years of combined experience. Our attorneys are recognized as Super Lawyers and have an AV preeminent rating. We fiercely advocate for our clients in the courtroom and stand up to powerful insurance companies.
When you hire us after a bicycle accident in Charleston, WV, we will:
- Investigate the cause of the accident
- Find out who is responsible
- Collect evidence to support your case
- Review your medical records
- Calculate your damages
- Keep track of deadlines
- Consult with experts
- File insurance claims
- Negotiate with insurance companies
- File a personal injury lawsuit
- Go to trial
We specialize in complex and difficult cases. No bicycle crash is too difficult for us to litigate. Call our office to set up a no-pressure free consultation with our Charleston bicycle accident attorney.
How Common Are Bicycle Accidents In West Virginia?
Like many states, bicycle accidents are fairly common in West Virginia. According to The League of American Bicyclists, in 2019 West Virginia was ranked the #34 most bicycle-friendly state. The ranking puts West Virginia well below average. It takes into consideration data on fatalities, policies and programs, infrastructure, and other relevant factors.
Furthermore, in 2019, there were 11.8 fatalities per 10k commuters, which puts West Virginia #29 out of all 50 states. West Virginia also received a C- for infrastructure and funding and policies and programs.
What Is My Bicycle Accident Case Worth?
Every bicycle accident case is worth a different amount. The value of your case depends on its specifics. Below are some factors that may impact the value pf your case.
The Severity of Your Injuries
In general, people who have severe injuries get more money. This is because severe injuries tend to require extensive and ongoing medical treatment. This costs money, and you are entitled to recover those costs.
Furthermore, severe injuries can cause permanent disability or disfigurement. That can affect your overall quality of life or ability to work. You are entitled to compensation for this as well.
Your Ability To Work
If your injury has kept you from working, or you have missed a lot of work because of your injury, you are entitled to reimbursement. If you have a high-paying job, you may get more than someone who has a lower-paying job.
Furthermore, if your injury will prevent you from working in the future or from progressing in your career, you can get paid for those losses as well.
Emotional Trauma
Getting into a bicycle accident can cause long-lasting emotional trauma. If your accident, injury, or recovery was particularly traumatic, you may get more money. This includes if it was particularly painful or if you have developed a mental illness as a result of the accident.
What Kinds of Damages Are Available to Accident Victims?
Bicycle accident victims are entitled to economic damages, non-economic damages, and sometimes punitive damages.
Economic damages are paid for financial losses, including:
- Medical bills
- Lost wages
- Physical therapy and rehabilitation
- Cost of medicine
- Out-of-pocket expenses
- Damage to the bike
Non-economic damages are paid for emotional and intangible losses, including:
- Physical pain
- Emotional trauma
- Mental illness
- Permanent scarring or disfigurement
- Loss of enjoyment of life
- Loss of companionship (in a wrongful death case)
You can only request punitive damages if you prove that the defendant acted with malice or a conscious, reckless, and outrageous indifference to the health and safety of others. This is a high bar. An example may be in a road rage case or if a driver is tailgating a biker on purpose.
How Much Does It Cost to Hire a Charleston Bicycle Accident Lawyer?
Bicycle accident lawyers in Charleston charge a contingency fee. When a lawyer works on a contingency fee basis, you don’t pay them unless they win your case.
When they win, the lawyer will take a percentage of your damages. The percentage will depend on the amount and type of work that the lawyer performed.
This arrangement benefits the client. The client won’t have to pay expensive legal bills out of pocket and can have confidence that the lawyer will work hard on their case. There’s no risk of overbilling or unearned fees.
Can I Recover Compensation if I’m Being Blamed for A Bicycle Accident In West Virginia?
West Virginia is a modified comparative negligence state. This allows you to recover compensation, however, your damages may be limited. If you are blamed for causing the bicycle accident, you can recover damages as long as you are not more at fault than the other negligent parties combined.
For example, if you are only 30% to blame, you can still get 70% of your total damages. A lawyer will fight to protect you from unfair blame after an accident. It can significantly impact your compensation, even if you are only partially at fault. It is important to speak with a lawyer soon after a bicycle crash to position yourself to recover the most money.
We’ll Fight to Recover Compensation for All of Your Bicycle Accident Injuries
Bicycle accidents often cause catastrophic injuries and even death. Mani Ellis & Layne, PLLC can help you get fair compensation, no matter how complex your injury.
We have represented clients who suffer from:
- Traumatic brain injuries
- Skull fractures and head injuries
- Broken bones and amputations
- Spinal cord injuries and paralysis
- Neck and back injuries
- Burns and road rash
- Loss of eyesight or hearing
- Crush injuries
- Internal bleeding and organ damage
Our attorneys will work with your doctors to understand your injury. Once we know the treatment plan and your prognosis, we can request full compensation. In some situations, we may refer a client to an expert for a consultation that can help in your case.
What Causes Most Bicycle Accidents In Charleston, West Virginia?
While Charleston has enacted bicycle laws to help protect bikers on the road, there are still many common causes of accidents in the area.
Some of the most frequent causes of bicycle accidents are:
- Snow and ice on the road
- Failure to signal
- Blind spots
- Unsafe lane changes
- Failure to yield
- Running into an open car door
- Debris in the bike lane
If someone else’s negligence caused your accident, we can help you hold them accountable. This may be through an insurance claim or a personal injury lawsuit. A lawyer will help you find out the best and quickest path to recovering money.
How Do I Prove Negligence After a Bicycle Accident In West Virginia?
Negligence law is the cornerstone of personal injury cases.
To prove negligence after a bicycle accident, you must show:
- The defendant owed you a duty of care
- The defendant breached that duty of care
- The breach caused the accident and your injuries
- You suffered financial and/or non-financial damages
You can prove these elements with evidence. Evidence might include photographs, witness testimony, and records. If you can prove each of these elements by a preponderance of the evidence, you will win your case.
How Long Do I Have To File a Lawsuit After a Bicycle Accident In West Virginia?
You have two years to file a lawsuit after getting into a bicycle accident in West Virginia. This is called the statute of limitations. This deadline is critical as you won’t be allowed to file a lawsuit once it passes.
You should hire a lawyer immediately after getting hurt in a bike crash to ensure you comply with applicable deadlines. Furthermore, there is a lot of work that a lawyer will do before filing a lawsuit. In many cases, a lawsuit is the last resort. You should make sure that your lawyer has time to file insurance claims and try to settle the case before time is up.
Contact Our Charleston Bicycle Accident Lawyers for a Free Consultation
You shouldn’t have to carry the burden of handling a legal case in Charleston, WV, while focusing on healing. Call a Charleston bicycle accident lawyer at Mani Ellis & Layne, PLLC to carry that burden for you.
Our free consultation is a great opportunity to ask questions, learn more about your rights, and get a jump start on recovering much-needed compensation.
