A good insurance company should look at the same factors that a judge or jury would look at in Court. These would include the following items:
- Medical expenses (Ambulance, Hospital, physical therapy, medical bills, mileage, medications, miscellaneous), past and anticipated in the future
- Loss of Earnings (past and future)
- Damage to the bicycle and other personal property
- Permanent impairment of the injured arm, leg, etc.
- Scarring (i.e., scar revision will cost $_______ and cause you to miss ____ days/weeks from work (get an estimate from a board certified plastic surgeon)),
- Your life expectancy. In other words, how long will you have to see the orthopedic doctor, take anti-inflammatories, pain medications and have related expenses ?
- Any increased risk of arthritic changes, bone and joint disease and re-injury
- Aggravation and inconvenience are also to be compensated in addition to pain, lost wages, lost earning capacity and mental suffering.
- Did the injured cyclist attempt to mitigate her damages ?
- Was the injured biker at all at fault in causing the accident ?
For a more in depth approach to this question, please download or order our book “TEN MISTAKES THAT CAN DERAIL YOUR BIKE INJURY CASE.“