Determination of fault is essential to a case, because it will have a direct effect on the settlement you are offered. The insurance company covering the driver will usually attempt to place the blame on the cyclist to avoid having to pay the claim. Having an experienced personal injury attorney in San Luis Obispo who has access to traffic safety experts and accident re-constructionists to support your claim will dramatically improve the odds of your obtaining a settlement or verdict sufficient to cover all of your damages.
Even if you are partially at fault for the accident, you may still be entitled to compensation. Under California’s Pure Comparative Fault Rule, an injured person can recover partly, even he or she is 99 percent at fault; the amount is reduced by the percentage of the injured party’s contribution to the accident. Your attorney will look for evidence to show that your contributory negligence was minimal.
THE INSURANCE COMPANY
After enduring the trauma of a bicycle accident, the last thing you need is the added stress of dealing with an insurance company. Insurance companies often attempt to pressure accident victims into a quick settlement before they realize the full extent of their damages. Adjusters are adept at enticing you to make a statement that can be misinterpreted to your disadvantage. For example:
Adjuster: How are you feeling today?
You: I’m doing fine, thanks.
Whoops! You just told the adjuster you’re feeling well, which can be interpreted to mean uninjured . . . and all you were doing was being polite!
Signing general medical authorizations allows the insurance company to go rummaging around in your medical records for your entire life, looking for something else besides the accident to blame for your injury. Don’t do it. The insurance company is entitled to your recent records and has access to a medical database where they can find out about previous claims. At this point, they have no business with unlimited access to your whole life’s medical history.
Don’t sign anything! Once you’ve accepted a settlement offer and signed a release, if you find out that your injuries are worse than you first realized, you can’t claim additional compensation.
SEEK HELP FROM AN EXPERT
To avoid losing your right to adequate compensation for all of your injuries, bring an experienced personal injury attorney on board to handle the insurance company. Don’t engage with the adjuster on your own. Retaining a good San Luis Obispo bicycle accident attorney can keep you from doing irreparable damage to your case.
TOP NOTCH LEGAL REPRESENTATION IN CENTRAL CALIFORNIA
in Central California, you’ll find the legal expertise you need at the San Luis Obispo law office of personal injury attorney Jude Basile. Jude has been helping accident victims in San Luis Obispo, Monterey, and Santa Barbara, recover the compensation they need and deserve since 1985, and is among the region’s top-rated attorneys. He will begin his investigation immediately, interviewing witnesses and bringing in experts if needed, and will gather your medical and employment records to document of all your expenses and lost wages. He will also document your non-economic losses, those damages that don’t come with a price tag but affect your quality of life: pain, suffering, mental anguish, disability, deformity, loss of enjoyment of favorite activities, and more.
Jude Basile is able to settle most accident cases out of court, because the insurance companies know that if a reasonable offer is not forthcoming, he will be fully prepared to try the case to a jury.
With over 32 years of legal experience, Jude Basile is a skilled negotiator and litigator, who will use every legal means necessary to resolve your case fairly, obtaining compensation that reflects the full value of your damages. He caters to clients across Central California, in areas including San Luis Obispo, Santa Barbara, and Monterey.
Call today, because time restrictions apply, and you could lose your right to a recovery if you wait. The consultation is free, and you’ll pay nothing until the day you receive your recovery check. If you don’t win money, you owe nothing.