Bicycling could be a great source of exercise and an efficient mode of transportation. Unfortunately, when sharing the road with motor vehicles accidents are bound to occur. Individuals could sustain severe injuries such as broken bones, internal bleeding, head trauma, and spinal cord damage.
If you or a loved one have been injured due to the negligent actions of another, a Rolla bicycle accident lawyer is here to help. With the help of our skilled legal team at A.W. Smith Law Firm, P.C., the person who caused your accident may be held liable in court and required to pay you compensation for your injuries. Our team has helped clients recover over $75 million in settlements.
Speak to a knowledgeable personal injury attorney to learn about the type of damages you may be eligible to recover.
Negligence is a legal concept most commonly used in personal injury cases. A party could be considered negligent if they fail to take the same action that another reasonably prudent person in similar circumstances would have taken. Negligence alone does not give merit to an injury case. If a party’s negligence causes injuries and damages, then a lawsuit may be warranted.
The plaintiff’s skilled Rolla bicycle accident attorney need to prove to the judge or jury the following:
As supported by Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983), the State of Missouri follows the comparative negligence legal concept. It is important to note that the defense of comparative negligence must be raised by the defendant for the jury to be able to consider it at all. Comparative negligence is a legal defense to determine responsibility for an accident. This means that the defendant may allege that the plaintiff contributed to the accident or exacerbated their injuries.
The jury could compare the negligence of the defendant with the negligence of the plaintiff, assigning each a percentage of liability. The plaintiff’s compensation award may be reduced by their percentage of blame for the accident. Speak to a diligent attorney at The A.W. Smith Law Firm to learn about comparative negligence and how it could affect an injured claimant’s recovery.
Litigation is sometimes a long and emotionally taxing process for plaintiffs. It is also expensive and complicated. For these reasons, both parties will negotiate a settlement out of court.
A settlement is an agreed upon amount of money that the defendant will pay the plaintiff to drop the lawsuit and not take it before a jury. In return, the plaintiff agrees never to file a lawsuit for the same incident. Plaintiffs are not required to accept a settlement but should consult with their knowledgeable bicycle accident lawyer in Rolla to determine the best course of action.
To recover from your injuries and be in good health, you sought medical care and took the advice of your care providers. Likewise, to recover from your financial hardships, it is wise to seek legal assistance and to adhere to the advice of a knowledgeable Rolla bicycle accident lawyer.
Our attorneys have experience handling insurance companies to help injured claimant’s recover compensation that covers the full value of their damages. Call today to get started on your lawsuit.