Getting hit while riding your bike can turn your life upside down in seconds. One moment you're pedaling through Seattle streets, the next you're dealing with injuries, a mangled bike, and mounting medical bills. If a driver's negligence caused your accident, Washington law allows you to seek compensation for your losses. Below, we answer common questions about the types of damages you can recover.
What Are Economic Damages?
Think of these as the bills you can actually hold in your hand. Medical expenses. Pay stubs showing what you didn't earn. Receipts for a totaled bike. Anything with a clear dollar amount attached to it falls into this category, and honestly, these numbers add up faster than most people expect. Your Seattle bicycle accident lawyer can help you recover compensation for all of these measurable costs.
What Medical Expenses Can I Recover?
Everything related to treating your injuries. And I mean everything:
- The ambulance ride and emergency room visit
- Surgery if you needed it
- Follow-up appointments with your doctors
- Physical therapy sessions
- Medications you had to take
- Any future treatment you'll need because of this accident
Save every single receipt and bill. I can't stress this enough. Those documents are what we use to prove exactly what this accident cost you.
Can I Recover Lost Wages?
Of course. If you couldn't work because of your injuries, you're entitled to recover those lost paychecks. Most people can't afford to miss work for weeks or months without serious financial strain. We'll need your pay stubs and a letter from your employer documenting the time you missed. Pretty straightforward stuff, but it makes a real difference in your recovery.
What Is Lost Earning Capacity?
This is where things get more complicated. Some injuries don't just keep you out of work temporarily. They change what you can do permanently. Maybe your back injury means you can't do the physical labor your job requires anymore. Maybe you need to switch to part-time hours because of ongoing pain. That reduction in what you're able to earn going forward? That's lost earning capacity, and it's separate from the wages you've already lost.
Can I Get Paid For My Damaged Bicycle?
Absolutely. Whether your bike can be repaired or it's a total loss, you can recover those costs. The same goes for your helmet, your phone if it got destroyed, and your cycling gear. All of it counts as property damage.
What Are Non-Economic Damages?
Now we're talking about things that don't come with a receipt. Pain. Emotional trauma. The fact that you can't do things you used to love. These damages are harder to calculate, but they're every bit as real as your medical bills.
Can I Recover Compensation For Pain And Suffering?
Yes, and you should. The physical pain you've endured matters. Both the acute pain right after the accident and any chronic pain you're still dealing with. Broken bones are agonizing. Road rash is brutal. Traumatic brain injuries, spinal damage, all of it causes real suffering that deserves compensation.
What About Emotional Distress?
A lot of our clients struggle with this after a bike accident. You might feel anxious every time you think about getting back on a bike. Some people develop depression while they're dealing with injuries and recovery. PTSD from the crash itself is more common than you'd think. If you're seeing a therapist or counselor about any of this, keep those records. They help demonstrate the psychological toll this accident has taken on you.
Can I Be Compensated For Lost Enjoyment Of Life?
You can. When your injuries stop you from doing activities that brought you joy, that's a real loss. Maybe you can't play sports anymore. Can't get down on the floor to play with your kids. Had to give up hiking or other hobbies because of lingering pain or physical limitations. Those changes to your life have value, and they should be part of your compensation.
What If I Have Permanent Scars?
Scarring and disfigurement increase the value of your claim, especially if they're visible. Facial scars can be particularly devastating for people. Any permanent change to your appearance deserves compensation because you'll carry that reminder of the accident for the rest of your life. A Seattle bicycle accident lawyer can help document how these permanent injuries have affected you.
Are Punitive Damages Possible?
In Washington, punitive damages are rare. You can only get them when the driver's behavior was especially reckless or intentional. According to RCW 4.24.005, you have to prove by clear and convincing evidence that they acted with willful or wanton disregard for your safety. We're talking about drunk drivers, people who intentionally tried to hurt you, that level of conduct. Most cases don't qualify, but when they do, these damages are meant to punish truly egregious behavior.
At Herschensohn Law Firm, PLLC, we look at everything. Your medical records, current and future treatment needs, how the injuries have changed your daily life, and whether you can still work. We often bring in medical professionals to help us understand the long-term implications of your injuries. Insurance companies count on injured people not knowing what their claims are actually worth. They'll offer you something that might sound reasonable until you realize it doesn't cover your future medical needs or account for the permanent limitations you're living with now. Don't accept their first offer before you understand what you're really entitled to recover.
