Valuing any personal injury case requires consideration of many factors, and Bicycle Accident cases are no exception. The first step in valuing an Oregon accident claim is determining fault. Who is at fault for the accident? Sometimes the answer is not entirely clear. Even though there may be shared fault by the victim (comparative negligence), you still may be entitled to compensation.
Second, the scope, severity, medical expenses, and permanency of the injuries must be evaluated. After an accident, treating doctors will try to make predictions about how long injuries will take to heal and how they will impact your life in the future, but there is no certainty until actual healing takes place. For example, an injury to a joint might heal but result in loss of motion. In other instances, physical therapy will improve healing and you will regain a full range of motion. In still other situations, surgery may be necessary, or a limitation to the range of motion may never fully recover.
The severity and degree of permanency of your injuries, along with any loss of wages, earning capacity, "pain and suffering," and general loss of life enjoyment of life will impact the value of the case. For instance, if you lose the ability to pursue a loved hobby, like a leg injury that prevents cycling, it could also affect the claim’s value.
Finally, the amount of financial recovery from an Oregon case may be limited by the amount of insurance available by the parties, or the partial responsibility of the victim of the injury.