How Much Is My Bicycle Accident Claim Worth?

Home / Personal Injury Blog / How Much Is My Bicycle Accident Claim Worth?

September 14, 2024 | By Roman Austin Car Accident and Personal Injury Lawyers

A collision between a bicycle and a motor vehicle can be catastrophic because of a bicycle’s lack of frame protection. Fortunately, under most circumstances, Florida’s insurance laws offer significant compensation for bicycle accidents.

First Things First: Florida’s No-Fault Traffic Accident Compensation System

If you suffer a Florida bicycle accident with a motor vehicle, your personal injury protection (PIP) insurance will cover 80% of your medical expenses and 60% of your lost income, up to policy limits, no matter whose fault the accident was. It does not cover property damage. Florida requires its drivers to purchase at least $10,000 in PIP insurance.

If your injuries are “serious” under Florida law, you can escape the limitations of Florida’s no-fault system and file a personal injury lawsuit. You may qualify for non-economic damages such as pain and suffering, which are unavailable from PIP.

Damages

Three types of damages may apply to a Florida bicycle accident claim–economic damages, non-economic damages, and punitive damages:

Economic damages: Your medical bills, lost income, and out-of-pocket expenses(child care while you were incapacitated, for example). As mentioned above, PIP covers a portion of these.
Non-economic damages: Intangible losses such as pain and suffering and emotional distress. These can add up to two to five times the amount of your economic damages. PIP does not cover these.
Punitive damages: An additional amount to punish the defendant for particularly outrageous behavior. Don’t count on punitive damages because courts usually won’t award them even if you win your claim. PIP does not cover them.

In case of a catastrophic injury (not at all uncommon in bicycle accidents), these damages could add up to six or even seven figures.

Special Case: MMI and Future Damages

MMI means maximum medical improvement. It’s the point where your medical condition has stabilized. You usually want to wait until you reach MMI before you file a claim for damages because only then will you have a good idea of your total damages without having to estimate the amount of your future damages.

In cases of long-term or permanent disability, your losses might still be accumulating decades into the future. In that case, you will simply have to estimate your future damages.

However, suppose, for example, that you will need kidney dialysis for the rest of your life. You might need to call an expert to estimate the amount of your future medical expenses.

Perhaps you can return to your previous position and do your job as well as you could before your accident. On the other hand, perhaps your injury will force an early retirement or at least cause you to cut down your working hours. Again, you might need an expert witness to help calculate your losses.

Limitations on the Amount of Your Recovery

The personal injury compensation system, unfortunately, includes certain built-in limitations, including the following:

Comparative negligence: If the accident was partly your fault, a Florida court will calculate your percentage of fault and deduct precisely that percentage from your damages. If you are 51% or more at fault, you may not recover.
Liability insurance: Florida is one of the few states that does not require its drivers to purchase auto accident liability insurance. This could leave you facing financial responsibility for an accident caused by someone else.
Insurance policy limits: No insurance policy will pay more than its limits, no matter how serious your injuries are.
Disputes over liability: This could undercut your bargaining position in settlement negotiations.
The defendant’s financial limitations: If the defendant lacks liability insurance, you might have to sue the defendant directly for your losses. If the defendant lacks personal financial resources, you might be out of luck.
Negotiating skill: This is the wild card in the deck. Let your lawyer negotiate for you.
The statute of limitations deadline: In most cases, you have two years to file a lawsuit over your claim. If you miss the applicable deadline, your claim’s value will immediately drop to zero.

Many other factors might influence the value of your bicycle accident claim.

Your Bicycle Accident Claim Might Be Worth More Than You Think

You might not be sure whether you have a viable personal injury claim. Even if you do, you might be underestimating or overestimating its value. A consultation with a lawyer might yield a ballpark estimate, and most Clearwater personal injury lawyers offer them for free. The sooner you get started pursuing your claim, the better your chances will be. Remember–under the contingency fee system, you only pay attorney’s fees if you win.

Contact Roman Austin Car Accident and Personal Injury Lawyers today to schedule a free consultation.

Contact the Clearwater Personal Injury Law Firm of Roman Austin Car Accident and Personal Injury Lawyers for Help Today

For more information, please contact the legal team of Roman Austin Car Accident and Personal Injury Lawyers for a free initial consultation with a personal injury lawyer in Clearwater. We have convenient locations in Florida: St. Petersburg, Safety Harbor, Clearwater, New Port Richey, and Tampa.

We serve throughout Pinellas County, Hillsborough County, Pasco County, and its surrounding areas:

Roman Austin Car Accident and Personal Injury Lawyers - Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
(727) 787-2500

Roman Austin Car Accident and Personal Injury Lawyers - Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
(727) 591-5610

Roman Austin Car Accident and Personal Injury Lawyers - Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615
(813) 686-7588

Roman Austin Car Accident and Personal Injury Lawyers - New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655
(727) 815-8442

Roman Austin Car Accident and Personal Injury Lawyers - St. Petersburg Law Office
840 Beach Dr NE Suite 202
St. Petersburg, FL 33701
(727) 787-2500

Roman Austin Car Accident and Personal Injury Lawyers - Safety Harbor Law Office
202 9th Ave S Suite A-2
Safety Harbor, FL 34695
(727) 787-2500

CONNECT WITH US

Free Consultations

Submit your contact form now, and let’s start
building your case.

Name(Required)

Phone

Describe Your Case

NEXT STEPS What to expect after you fill out the contact form:

Immediate Review

Your case details are reviewed personally by our experienced team.

Fast Response

We will reach out to discuss your situation promptly.

Clear Next Steps

Whether it's moving forward with representation or guiding you to the right resource, you'll leave our conversation with clarity.

Schedule Your Consultation

Name(Required)

Email(Required)

Phone(Required)

Tell Us About Your Case

I have worked closely with Miles Hickman of Roman Austin and he combines a rare blend of fierce trial capabilities with the kind of bedside manners that clients greatly appreciate. This is a standout office...

C Sanchez, Esq.

They did a great job and even advised what to do if there was no insurance for the at-fault driver and I had to self represent. Ended up being able to get me the fullest...

J.P.

I cannot say enough incredible things about Roman Austin Law Firm. John Austin is a phenomenal lawyer. I was in a bad crash that involved a truck totaling my vehicle and sustaining neck and back...

I cannot say enough incredible things about Roman Austin Law Firm. John Austin is a phenomenal lawyer. I was in a bad crash that involved a truck totaling my vehicle and sustaining neck and back injuries.Going into this process, I was honestly apprehensive about even hiring a lawyer. I was especially wary of those large, commercial firms that just want to move cases quickly. I had heard some great things about Roman Austin, but did my own extensive research and now know why they are a five star firm. What could have easily been a stressful and overwhelming experience turned into something completely different because of John Austin and his team. Choosing them was one of the best decisions I have ever made.John is truly exceptional. He is incredibly detailed, meticulous, and completely devoted to his work. He worked tirelessly on my case, going above and beyond anything I could have ever expected. He spent countless hours (even on weekends), and was always available whenever I needed him. His level of dedication, care, and precision is something you rarely find.Beyond that, he is patient, kind, and deeply compassionate. You never feel like just another case. He genuinely cares about you as a person and wants the absolute best for you. He made what could have been a difficult process feel manageable and supported every step of the way.His entire team was phenomenal. They were responsive, professional, and just as committed. Every interaction felt thoughtful and intentional.The outcome we achieved was fantastic, and I am beyond grateful. I couldn't be more pleased with my experience.If you are considering legal representation, I wholeheartedly recommend John at Roman Austin Law Firm. They are professional, dedicated, and truly invested in their clients.Choosing John Austin made all the difference. He fought tirelessly to ensure that everything I endured was recognized and fairly compensated, and that level of dedication is something I will never forget. I am profoundly grateful not only for the outcome, but for the care, integrity, and unwavering commitment shown every step of the way. Forever thankful I chose them, and truly forever grateful.

C.M.

After my accident, I didn't know where to start. Roman Austin made the whole process feel manageable and honestly took a huge weight off my shoulders. The team was kind, responsive, and truly cared about...

S.S.

Once again Roman & Austin and their team has been a helping hand through hard times after being rear ended by a driver not paying attention. The same day I was set up with community...

J.K.