Throughout this guide, we will look at special damages for cycling accident claims. Following a successful personal injury claim, a payout can be awarded comprising up to two heads of loss. The first is general damages which compensates for the pain and suffering of any injuries suffered, physical and/or psychological. If general damages are awarded, another head of loss called special damages can be included in a payout. Special damages compensate for the financial losses incurred due to the injuries suffered. This could include travel expenses and the cost of adapting a home or vehicle.
As we move through our guide, we discuss when a cycling accident claim could be made and provide examples of the costs that could be reimbursed under special damages if the case succeeds. Additionally, we look at how we can help you claim compensation for the effects of a cycling accident.
If you have any other questions, please contact our team of advisors. They can offer free advice 24/7. Furthermore, if they find you have a valid case, they could connect you with one of our experienced cycling accident solicitors to help you claim compensation.
To reach out, you can:
- Call on 0800 073 8801
- Contact us online about bicycle accident claims
- Use the live chat feature below
Select A Section
- When Could Special Damages For Cycling Accident Claims Be Awarded?
- Special Damages Awarded For Medical Expenses
- Damages For Loss Of Earnings In Bicycle Accident Claims
- Compensation For Property Damage In Cycling Accidents
- How We Can Help You Seek Special Damages For Cycling Accident Claims
- Further Information On Making A Cycling Accident Claim
When Could Special Damages For Cycling Accident Claims Be Awarded?
Special damages, as mentioned above, can make up part of a personal injury claim settlement, compensating the claimant for financial losses. In order to receive a special damages payment, you must first make a successful personal injury claim. If you have been injured as a cyclist on the roads in an accident caused by a vehicle driver, you could have the right to seek compensation in a personal injury claim.
Road users owe a duty of care to prevent causing harm or damage to one another when navigating the roads. To uphold this duty, they need to adhere to the Road Traffic Act 1988 and the rules in the Highway Code.
If there is a failure to do so, it could result in a road traffic accident. For example, a driver may fail to check their mirrors and blind spot before pulling off causing them to crash into a cyclist. The cyclist could suffer severe injuries, such as brain damage and a spinal injury.
In order to have valid grounds to make a personal injury claim following a cycling accident, you need to prove negligence occurred. In tort law, this means:
- A duty of care was owed to you.
- This duty was breached.
- You suffered a physical and/or psychological injury as a result.
As mentioned, a payout could comprise special damages which compensate for the past and future monetary expenses caused by the injuries sustained in a bicycle accident. This head of loss can only be awarded if general damages are included in your payout. It’s also important to provide evidence of any financial losses to substantiate your claim. For example, you could collect receipts, invoices, travel tickets, and payslips to prove any losses incurred.
Read on to find out what costs special damages could compensate. Alternatively, call our team for further guidance on special damages for cycling accident claims. They can provide a free valuation of your potential case to help you understand how much compensation you could be awarded.
Special Damages Awarded For Medical Expenses
One example of the out-of-pocket expenses special damages for cycling accident claims could be reimbursed for is medical costs. This could include:
- Medication or prescription costs.
- The cost of physiotherapy.
- Counselling or therapy costs if the accident and injury have had a psychological impact.
- Medical treatment, such as surgery, you have had to have done by a private healthcare professional.
Additionally, you could claim back the cost of domestic care costs if you have needed care at home while recovering from your injuries.
If ongoing domestic or medical care is needed for the foreseeable future, such as following very serious injuries like head injuries, broken bones that require surgery, or paralysis, special damages could compensate for these future expenses.
Call our team to find out how future losses would be calculated and awarded following a successful cycling accident claim.
Damages For Loss Of Earnings In Bicycle Accident Claims
Cycling accidents could result in the injured person having to take time off work permanently or temporarily, or needing to change jobs because of their injuries. In these cases, the claimant can seek reimbursement of any past and future loss of earnings. When calculating this loss, consideration can be given to the following:
- Pension contributions
- Bonuses, such as for attendance
- Missed overtime
- Missed opportunities for progression
It’s important to provide evidence of these losses through wage slips, job contracts, or other written correspondence with your employer about your wage or salary.
Compensation For Property Damage In Cycling Accidents
Following a cycling accident, you could sustain injuries and damage your bike. In these instances, you could be compensated for property damage, including the cost of repairs or the cost of replacing the bike altogether. You could claim for the bike damage as part of the personal injury claim. However, if you are not injured but your bike is damaged due to the fault of another road user, you can still claim compensation for the bike. It just wouldn’t be a personal injury claim you would make.
Additionally, if you have suffered a serious injury that has permanently affected your mobility, you could claim back the cost of any adaptations made to your home or vehicle.
You could provide pictures to show the damage done to your bike as well as receipts and invoices to prove the costs incurred as a result. This evidence can help when claiming back the cost of damaged items.
How We Can Help You Seek Special Damages For Cycling Accident Claims
If you are eligible to proceed with your compensation claim, you could instruct one of our expert personal injury solicitors to assist you. They can help you gather evidence of the cycling accident and your injuries, the way your injuries have impacted you, as well as any financial costs incurred as a result.
Additionally, they can provide their helpful services and expertise through a Conditional Fee Agreement. Generally, as per the terms of this particular kind of No Win No Fee agreement, you won’t be required to pay for your solicitor’s work at the beginning of the bicycle accident claims process, as the claim proceeds, or if the claim has a failed outcome.
If the personal injury claim has a successful outcome, you will pay your solicitor a success fee. This is taken from your compensation as a percentage. However, due to the legal cap on the percentage, you will keep the majority of your awarded settlement.
Speak To A Member of Our Team
To find out whether a No Win No Fee solicitor could take on your cycling accident compensation claim, please get in touch with our team of advisors. They can assess your case and connect you with one of our solicitors if you have valid grounds to claim compensation.
Alternatively, if you need more information on special damages for cycling accident claims, they can answer any questions you have regarding this with no obligation for you to continue with our services.
To reach out, you can:
- Call on 0800 073 8801
- Contact us online about your potential bicycle accident claim
- Use the live chat feature below
Further Information On Making A Cycling Accident Claim
For more of our helpful guides relating to cycling accident claims:
- Find out if you could be eligible to make a cycling activity accident claim and how compensation is calculated.
- Learn more about how to prove a cycle accident claim and the evidence you could gather.
- Guidance about claiming on behalf of a loved one following a fatal bike accident and how to seek compensation.
For more external resources:
- Guidance on cycle safety from Think!
- Information on Statutory Sick Pay from Gov.UK.
- Advice on first aid after an incident from the NHS.
We hope this guide on special damages for cycling accident claims has helped. However, if you need any other information, please get in touch using the number above.