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Settlement or Court: Deciding the Best Route for Your Bike Accident Claim

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Bicycle accidents can be incredibly traumatic experiences, both physically and emotionally. After a road traffic accident or cycling injury, it is crucial to understand your legal rights to receive appropriate compensation and recover medical costs, lost wages, and other damages.

Once you’ve received a settlement offer, it will be your decision whether you accept the compensation or potentially take the claim to court. It may be overwhelming trying to decide which route is best for your claim, but understanding the differences between the court system and a settlement will help you make an informed decision that works in your favour. Discover the advantages and disadvantages of settling vs. going to court.

Understanding the Difference Between Court and Settlement

Settling a bicycle accident claim can avoid the time and expense of going through court proceedings. When settling for bicycle accident compensation, both parties agree on a specific amount for damages and sign off on it without having to go through the hassle of litigation. If you agree to a settlement offer, you’ll likely receive compensation quicker than if you chose to litigate the case in court. Additionally, settlements tend to involve less paperwork and require fewer resources from both sides than going to court would entail.

However, there are also some potential drawbacks that should be considered before entering into settlement negotiations. Before agreeing to a settlement offer, ensure you have supplied all relevant medical evidence and accident witness reports, as this will ensure an appropriate compensation amount for your cycling injury.

Going to court comes with its own set of pros and cons that must be weighed carefully before making any decision. If it’s a complicated claim, going through the court process may be necessary to ensure all evidence is presented and an informed decision regarding liability and damages owed is made.

A disadvantage of the court process is that it can take much longer than settling out of court, depending on its complexity. It can also cost significantly more in legal fees.

"Going to court can be time-consuming and expensive, especially for complex cases. #CycleSOS recommends considering all options to resolve disputes efficiently and cost-effectively."

Evaluating the Severity of a Cycling Injury

In evaluating the severity of an injury sustained in a bicycle accident, medical experts must first assess the extent of physical damage. At Cycle SOS, we carry out our own investigation and provide access to medical assistance and physiotherapy in addition to recovering your losses. Once we’ve determined the full scope of your cycling injuries, our medical professionals can estimate how long your recovery may take.

The next step when making a cycling injury claim is calculating the amount of personal injury compensation you may be entitled to, depending on the severity of your injury and its impact on your day-to-day life. The compensation amount will include any direct costs associated with the cycling injury, such as medical costs, loss of earnings, and equipment damage.

For an estimate of how much compensation you may be entitled to after being involved in a bicycle accident, use our cycling injury claims calculator. All you need to do is select the type of cycling injury you have and its severity to reveal a settlement estimate. Please be aware that the compensation amount may vary due to medical examination, court tariffs, and other factors.

Claiming for a bicycle accident

When claiming for a bicycle accident, you must gather all of the evidence, including medical records, photos and videos of the accident scene, witness statements, and police reports. At Cycle SOS, we offer support throughout the process, gathering the necessary information to calculate an appropriate amount for your claim that accurately reflects the extent of your injuries and losses.

If you’ve been involved in a bicycle accident, contact Cycle SOS today for a free, no-obligation consultation on 0808 100 9995. Our specialist cycling solicitors work on a no-win-no-fee arrangement and ensure all fees are clearly outlined, even if your claim takes longer than expected or goes to court. You can email us or schedule a callback.

Written By:

Emily Pheysey

Litigation Executive

Emily has over 7 years of experience in the legal sector, handling road traffic accident claims to recover compensation and support her clients. Her focus is to ensure all clients feel comfortable and at ease with the claims process so that they can focus on their recovery.

Emily considers rapport to be an essential part of the role and strives to always provide excellent client care.

Away from work, Emily enjoys spending time with her family and friends and travelling as much possible.

Diane Holderness

Litigation Executive

Diane is a Ministry of Justice (TOJ) Team Leader within our Cycle Department. She has 11 years’ experience managing road traffic accident claims, and 6 years’ experience managing MOJ claims.

Diane enjoys a challenge and always strives for the very best results for her customers; something that is clear in the way her team continually adapts its strategies in order to secure the most desired outcome. Diane has worked her way through the legal ranks here, and is proud to now have a strong, specialist team that is committed to customer satisfaction.

Diane believes that happy clients make a happy working environment, and it is this that ensures a productive and efficient workforce.

Nina Haddock

Chartered Legal Executive

Nina has over 30 years’ experience in the legal sector. She specialises in recovering compensation for injury claimants as a result of road traffic accidents. Her focus for each and every claim is to help her clients secure the funding that they need to pay for ongoing treatment and support.

Nina became a CILEX Fellow in 2006 and now helps her clients and their families at a time when they have been through a traumatic experience, and everything they hold dear to them appears to be changing.

One case Nina is particularly proud of is supporting a client who had successfully sought asylum in the UK, following a road traffic accident. The claim was successfully pursued through the MIB and the client was left with significant injuries. Her client was able to use the compensation to aid family members with their applications to seek asylum in the UK.

Julian Fox

Cycling Accident Solicitor

Julian qualified as a Solicitor in 2005 and has worked in all areas of personal injury since 2000. Julian has a well-rounded understanding of personal injury law, having represented both claimants and defendants.

Julian always aims for maximum damages to meet his clients’ needs for injury and rehabilitation expenses, and can often secure interim payments to help meet clients’ financial needs. Julian is highly proactive in ensuring cases are progressed, ensuring a timely conclusion.

When not at the office, Julian is a keen cyclist, both on roads and virtually -he will often do an hour of ‘Zwifting’ in the mornings before starting work.

Richard Atherton

Cycling Accident Solicitor

Richard has 12 years of legal experience and qualified as a Solicitor in February 2014. He has been a Team Manager with us since 2019. Throughout his career, Richard has specialised in personal injury, handling an array of Road Traffic Accident cases, in addition to employer and public liability.

Richard prides himself on his very strong strategic and planning skills, which come into their own in complex injury cases where more technical arguments are involved. On every case, he is committed to ensuring that his clients receive full compensation for their injuries.

Away from work, Richard enjoys sport; he is a season ticket holder at St Helens Rugby Club and a Liverpool FC fan. Not only a spectator, Richard also likes going to play golf as often as he can.

Dave Gardner

Litigation Executive

Dave has over 20 years of experience in the legal sector. His specialism is personal injury and he has dealt with hundreds of cycling injury claims during his career. Excellent client care and communication is paramount to Dave. He prides himself on being accessible and available, attending court hearings where damages are in dispute to ensure the best outcome for his clients. One case Dave is particularly proud of is when he supported an elderly client who suffered serious injuries following a road traffic incident. The police had not taken any action against the defendant, so Dave had to be proactive and act within a 24-hour window. The case proceeded and the client was in receipt of £30,000 in damages, which he would not have been entitled to had the client not approached Dave. He is also an avid supporter of Glasgow Rangers and travelled abroad on many occasions to see them play in European competitions.

Gerard Horton

Partner

Gerard is a Senior Solicitor at Cycle SOS. In his 13 years of experience, Gerard has built a national reputation in the catastrophic injury sector, dealing with high value and complex cases. Alongside his legal role, Gerard supports several charities including Headway Central Lancashire, Northwest Regional Spinal Injuries Centre and spinal injury charity, Back Up.

Julia Eyton

Partner

Julia brings a wealth of knowledge and expertise to the Cycle SOS team.

Specialising in representing those who have had life changing injuries, Julia handles some of the most serious and complex personal injury cases both within Cycle SOS and nationally.

She often works on high value claims and is skilled in winning complex liability cases.

NADIA KERR

Partner

Nadia has over 30 years of legal expertise and has represented hundreds of vulnerable road users. With a focus on ensuring timely rehabilitation, speedy repair or replacement of bikes and kit, and securing fair compensation, Nadia is committed to advocating for justice and client rights. Alongside her legal career, Nadia actively participates in national campaigns to benefit vulnerable road users and acts as a Trustee/Director for the national cycling charity, Cycling UK. Nadia was named in Cycling UK’s ‘100 women’ and was a founding member, now running a women’s cycling group, TeamGlow in South Manchester. Among her many achievements, Nadia takes pride in her spot on BBC Breakfast, where she provided expert commentary on long term government funding for pothole repairs.

Caroline Morris

DIRECTOR OF SERIOUS INJURY

Caroline has specialised in personal injury for over 25 years, recovering more than £56 million in damages during that time, to help clients rebuild their lives after injury.

Caroline is committed to achieving rehabilitation options early, meaning her clients benefits from the best care and treatment at the earliest stage possible.