A bicycle accident can inflict a severe level of damage on a vulnerable cyclist. From mangling the bike beyond repair to causing serious and permanently disabling injuries, a bike accident can cost a victim a lot physically, financially and emotionally. Under Nevada law, bicycle accident victims have the right to pursue damages or financial compensation for all of these losses.
Economic Damages
The primary goal of a bicycle accident claim is to make the injured victim whole again. A successful personal injury claim can provide financial compensation to the injured cyclist to make up for the cost of the collision. The first category of damages, economic, makes up for the financial cost.
Common economic damages sought during bicycle accident cases in Nevada are medical bills (present and future), property damage repairs or bicycle replacement costs, lost wages, diminished capacity to earn, out-of-pocket costs, and any disability-related expenses.
Non-Economic Damages
The physical and emotional trauma of a bicycle accident can also take a toll on a victim on a personal level. For this reason, a personal injury claim grants an injured cyclist the opportunity to seek financial compensation for non-economic or intangible damages. These may include:
- Emotional distress
- Mental anguish
- Post-traumatic stress disorder (PTSD)
- Anxiety or depression
- Psychological trauma
- Inconvenience
- Loss of enjoyment of life
- Loss of consortium
Unlike economic damages, which are typically calculated using specific numbers on bills and receipts, non-economic damages are assigned based on the severity of the victims’ injuries and their impact on the victim’s life.
Punitive Damages
Economic and non-economic damages are both grouped under the category of “compensatory damages” in Nevada, as their purpose is to compensate an injured victim for the costs and losses they incurred. Punitive damages, on the other hand, are designed to punish a defendant.
Punitive damages may be awarded in rare bicycle accident cases where it is proven with clear and convincing evidence that the defendant caused the bicyclist’s injuries through malice, fraud or oppression.
If the burden of proof is met, a judge may award punitive damages on top of compensatory damages to punish the defendant for egregious acts of wrongdoing and deter others in the community from similar acts.
Wrongful Death Damages
If a bicycle accident victim succumbs to his or her injuries and passes away, surviving beneficiaries or heirs may be entitled to financial compensation through a wrongful death case. This type of claim can result in payment for related funeral and burial costs, medical bills, lost wages and inheritance, and loss of consortium.
Getting the Most Out of Your Bicycle Accident Claim in Nevada
Every motor vehicle driver in the State of Nevada is required to carry certain amounts of bodily injury and property damage liability insurance. This coverage can pay for a bicycle accident victim’s medical bills, lost wages and property repairs after an accident.
It may be in the biker’s best interest, however, to file a personal injury lawsuit to seek damages beyond what is offered on an insurance policy, especially if the accident caused severe or catastrophic injuries.
If you wish to discuss how much your bicycle accident case could be worth and the best route forward for maximum compensation, contact Koch & Brim, LLP for your free consultation.