The team here at Smith Jones Solicitors work hard to ensure that when a cyclist, through no fault of their own, sustains injuries on the road that they receive the maximum amount of compensation. In fact, we believe in helping cyclists so much that we have established a separate brand and department to deal exclusively with injured cyclists (Cycle SOS).
Compensation needs to cover the injury itself, the pain and trauma, any expenses (travel, medication, medical care etc. and the loss of personal income and more. For us to provide you with a more accurate answer to the “How much compensation for a cycling accident?” question we would need to go through the details of your accident and injury. The legal team working on these matters works exceptionally hard to secure the maximum amount of compensation for you or your loved ones. This also means that where possible we will try to secure some early compensation, especially when you or your loved ones are now out of work as a result of the injuries sustained.
Much like any injury that is caused by someone else’s negligence or an accident, the injury can range anywhere from small cuts and scrapes through to far more serious injuries. This makes it exceptionally difficult to give a precise figure for the amount of compensation you are likely to be awarded. Plus there are a number of factors that also have to be taken into consideration. We are able to give ballpark figures on the amount of compensation you are likely to receive based on previous cases and Judicial College Guidelines, but there are a number of other factors that need to be taken into consideration. When calculating the amount of compensation an individual is likely to be awarded, there are two types of damages that need to be considered. General Damages and Special Damages.
Special damages cover all of the out of pocket expenses that occur which are a direct result of the accident. Special damages are there to ensure that you or your loved one, as victims of a personal injury accident are not left out of pocket after being involved in an accident which appears from the outset to not be your fault.
Special damages cover the following;
- Assistance, care and support.
- Equipment repair or replacement, which can include bike, clothing, helmet and any personal items on your person/bike at the time of the accident so mobile phone, headphones, Garmin etc.
- Home adaptations.
- Household help which can include carers, cleaners, gardeners etc.
- Loss of earnings to date but also any loss of future earnings. We also take into consideration loss of any future promotions, loss of potential rise in salary and pension, as well as age of retirement, qualifications etc.
- Medical care.
- Travel expenses to and from medical appointments but also work etc. You can secure travel expenses if your mode of transport is now unavailable to use such as a broken bike, or if you need to get taxi’s to and from work, the hospital or the supermarket because you are now on crutches for example and can’t get public transport or use your usual method of transportation.
General damages cover the amount of pain and suffering (also known as PSLA (Pain, Suffering and Loss of Amenity) a personal injury victim has suffered because of the accident. Very often a medical expert will evaluate the medical evidence and in many cases will meet with you or your loved one, so that they can calculate this more accurately and also see what, if any, future pain and suffering might be present.
General damages also takes into consideration how the injury will prevent a person from carrying out general every-day activities that they were once able to carry out. It is important to establish whether you or your loved one will be able to return to life like it was prior to the accident or whether adaptions may need to be made to how you personally do things or your living environment. Some of the things which fall under loss of quality of life include being able to do the chores at home, caring for your children, hobbies or and any sports that used to be played.
Below is a table that lists estimated compensation figures for common injuries that arise out of cycling accidents. The amounts given in the table are estimates that are taken from previous cases and also based on the Judicial Guidelines. Please note that whilst they can be used as ballpark figures they should never be taken as fact, relied upon or applied directly to your situation. This is because every case is different and therefore compensation amounts do vary on a case-by-case basis. Plus everyone has different personal circumstances that need to be considered and accounted for. The figures below only show the award for an injury and do not take into consideration Special Damages, as these need to be assessed on a case-by-case basis.
Sometimes the injuries that arise from a cycle accident are so severe that they are not only life changing but life-long. That means that when producing figures for compensation it is necessary to consider life-long care and funding for that, as well as loss of earnings, home adaptions, loss of earnings, medical care, medication and rehabilitation etc. These can only be estimated and future forecasted. Our team here at Smith Jones Solicitors have excellent knowledge and plenty of experience when it comes to producing figures for life-long compensation.
Contact one of the team here at Smith Jones to go through the specifics of your individual accident and work out whether you do indeed have a claim. We can also discuss the procedure for bringing a claim as well as how much you would likely be awarded when taking into consideration General and Special Damages, and the severity of the accident and injuries sustained and the impact of this now and in the future.