Motorcyclists are much more exposed than other motorists while traveling. Because of the lack of cover, which other types of vehicles provide, a motorcycle rider may suffer more severe injuries, including brain injuries.
A brain injury can leave the victim with lifelong injuries that might require long-term care to be fully treated. The expenses associated with making a full recovery after an accident can quickly add up. You deserve full and fair financial compensation after a motorcycle crash.
Contact an experienced motorcycle accident attorney if you or a loved one has suffered a brain injury after a motorcycle crash.
Motorcycle Accident Statistics
Motorcycle accidents happen across the country daily. Despite motorcycles representing the smallest number of registered vehicles nationwide, traffic accidents that involve motorcyclists are overrepresented in reported accident statistics.
According to the National Safety Council, the number of motorcycle deaths is staggering. The National Safety Council has reported the following statistics regarding motorcycle accidents and deaths for a recent 12 month period.
- There were more than 6,000 reported motorcycle deaths
- Motorcycle fatality rate was 26.16 per 100 million vehicle miles traveled
- The number of fatalities among motorcyclists and their passengers increased by one percent
Motorcyclists and passengers who decide to ride without a helmet are at a more significant risk of suffering a brain injury. While motorcycle helmet laws are implemented in many states, motorcyclists remain vulnerable to negligent drivers. Careless drivers can cause motorcycle riders to suffer severe or fatal brain injuries.
You deserve justice after suffering a brain injury or losing a loved one in a motorcycle accident. Contact an experienced attorney to learn your options after a crash.
Unique Legal Challenges In Brain Injury Cases
Motorcycle accidents that end in brain injury can present unique legal challenges. Brain injuries can present significant legal challenges, including the following:
Emotional and Psychological Impact
There is certainly a high risk of severe emotional and psychological impact of suffering a brain injury after a motorcycle accident. You deserve to recover from the emotional impact of a brain injury. Contact a lawyer to learn more about your right to compensation after a crash.
Insurance Limitations
Insurance policies may have limits on coverage for brain injuries, and navigating these restrictions can pose challenges. An attorney can help decipher the terms of an insurance policy and help understand your rights under the policy.
Long-Term Effects
Assessing the long-term implications of a brain injury can complicate damage calculations. Some of the long-term implications of a brain injury can include lost earning capacity, the cost of ongoing medical care, and diminished quality of life, among other effects.
Subjective Symptoms
Brain injuries often bring subjective symptoms with them. Examples of these subjective symptoms include mood swings, headaches, and cognitive decline. Subjective symptoms can be hard to quantify and, thus, hard to prove. However, with an attorney’s help, you can collect and present the evidence required to win your case.
Causation Issues
You must prove that the accident caused your injury. Proving that the brain injury was directly caused by the accident and not by pre-existing conditions can be difficult. The defendant might argue that surrounding factors contributed to the injury.
Complex Medical Evidence
Brain injury cases typically involve complex medical evidence. Establishing the extent and impact of a brain injury often requires expert testimony from neurologists and neuropsychologists. Your attorney will work to interpret your medical records to help connect the injury to the accident.
Legal Capacity
If the injury affects the person’s ability to make decisions, there may be issues around legal capacity and the need for guardianship. An attorney can help navigate making this tough decision.
Having an attorney representing you in such a complex case is important to gaining access to the full and fair compensation you deserve after an accident. Proper legal representation will help overcome the unique complexities and challenges that brain injury victims face. Contact a lawyer if you have suffered an injury in a motorcycle accident.
How Can a Motorcycle Accident Lawyer Help Me?
You must have legal representation after suffering injuries in a motorcycle accident. The aftermath of a motorcycle accident is difficult enough, and pursuing the financial compensation that you deserve alone can mean an uphill battle.
Hiring an attorney takes much of the pressure of handling the legal side of recovery off you and your family. Here are some practical ways that lawyers help their clients.
Provide Legal Experience
A motorcycle accident attorney can offer you legal experience and knowledge. A skilled motorcycle accident lawyer can assist you because they understand how to resolve a motorcycle accident. Hiring an attorney takes the burden off you by letting you focus on your physical recovery while your attorney focuses on the legal side.
Investigate On Your Behalf
Your attorney will investigate the cause of the accident on your behalf. The investigation phase of the accident is vital. Your lawyer and their team will work to gather pertinent information that can help build a strong case. Examples of evidence necessary to prove your claim include medical records and bills, accident reports, and expert testimony, among other types of proof.
Settlement Negotiations
Settlement negotiations often present a huge challenge for individuals. A motorcycle accident lawyer can negotiate with the insurance company on your behalf. An experienced negotiator working for you can ensure you receive fair compensation for damages like medical expenses and lost income.
Filing a Claim
An attorney can help file an insurance claim. Whether you are filing a claim against the party’s insurance or your own, it is advisable to speak with a lawyer first. Remember that the insurance company is not on your side. Insurance adjusters want to protect the company’s profits and will protect them at your expense. An experienced motorcycle accident attorney will help by handling any communications with the insurance company for you.
Litigation
If you and your attorney cannot reach a satisfactory settlement with the insurance company, it might be necessary to go to court. Facing a courtroom alone can be overwhelming. Fortunately, having an attorney working on your behalf ensures that you have an experienced and knowledgeable advocate to protect your legal interests and rights.
Legal Guidance
Having an attorney is a valuable source of information as you navigate the legal process after a motorcycle accident. Having someone whose job is to offer you support and guidance can give you valuable insight into the legal process and provide you with peace of mind.
Ultimately, having an attorney work for you as you try to collect compensation after an accident is the best way to ensure you receive full and fair compensation.
Key Factors That Affect The Timeline Of Your Case
There is no guaranteed timeline for the resolution of a motorcycle accident case. There are numerous factors that can affect the speed of the case. Here are some of the most influential factors that determine how long your motorcycle accident takes to end.
Severity of Injuries
More severe injuries might slow down the settlement process for your motorcycle accident claim. Brain injuries are among the most serious types of injuries. A severe head injury may leave the victim permanently disabled. Nevertheless, accident victims should not settle their case unless their injuries are healed as much as possible.
Gathering Evidence
Gathering evidence can take a long time. You need to collect as much evidence as possible to present a strong case to the insurance company. A motorcycle accident claim is won or lost on the amount and quality of the evidence. Do not rush the investigation.
Negotiations
Insurance companies might delay the claims process to avoid paying you a fair settlement. Insurance adjusters sometimes try to exhaust the victim, making them susceptible to accepting a lowball settlement offer. Having an attorney negotiate on your behalf decreases your odds of getting taken advantage of by an insurance company.
The Court’s Schedule
If your case is not settled during negotiations, it will be resolved through court. Learning all the ins and outs of the court system can be difficult for an individual. However, an attorney will use their experience taking cases to court to your advantage.
The court’s schedule can affect the time that it takes for your case to settle. Courts often have a massive amount of cases, and you will be required to take your place in line. During the pendency of your case, however, your lawyer will likely attempt to continue negotiations to resolve the matter quickly.
Common Brain Injuries In Motorcycle Accidents
A motorcycle accident victim is vulnerable to various types of crash-related injuries. The symptoms that you might face as a result of brain injury can differ based on the severity of the impact on the brain. In addition to traumatic brain injuries, motorcyclists frequently suffer from road rash, which occurs when the skin is severely scraped against the pavement during the crash. Common symptoms of brain injury include the following:
- Mood changes
- Difficulty concentrating
- Memory issues
- Confusion
- Headaches
- Physical impairments
Treating a brain injury after a motorcycle accident can be quite expensive. Examples of the typical treatment that motorcycle brain injury victims might face can include surgery, rehabilitation, hospitalization, and support for cognitive and physical conditions.
Examples of some of the most common types of brain injuries after a motorcycle accident include:
Concussions
A concussion can happen when the victim suffers a severe blow to the head. Concussions have the potential to seriously disrupt normal brain function. Concussion diagnosis can require expensive tests, and victims might be entitled to recover for the cost of these diagnostic tests.
Post-Concussion Syndrome
Post-concussion syndrome is a complex disorder in which symptoms of a concussion persist for weeks, months, or longer after the initial concussion. Post-concussion syndrome can happen even if the initial injury seems mild.
Contusions
A contusion is a brain bruise. A contusion can form after the impact on the victim’s head. Small blood vessels are damaged, causing the contusion.
Skull Fractures
A skull fracture is one or more breaks in any bones forming the skull. Accident victims are at risk of skull fractures after any severe impact.
Penetrating Injuries
A penetrating brain injury happens when the force of impact in an accident causes debris to enter into the victim’s brain tissue. Victims might suffer from serious complications, including the risk of death.
Cognitive Impairment
Cognitive decline can affect the quality of the victim’s life. Cognitive impairment can affect many mental processes, including memory, problem-solving ability, reasoning, language skills, and attention.
Emotional and Behavioral Changes
A brain injury can leave the victim unable to regulate their emotions and behaviors after a motorcycle accident.
Seek medical attention immediately after a motorcycle accident. Delaying treatment can decrease your odds of full physical recovery and damage your legal case.
How Long Do I Have To Sue After a Motorcycle Accident?
You do not have an unlimited amount of time to sue after a motorcycle accident. Motorcycle accident victims must comply with the applicable statute of limitations. The statute of limitations is a deadline set by state law that limits the time that a plaintiff has to sue. Failure to comply with the statute of limitations might be fatal to your case.
Working with an attorney can help ensure you comply with the statute of limitations and other critical procedural rules. You should always speak to a motorcycle accident attorney to avoid missing critical timelines.
Contact a Motorcycle Accident Attorney Today
Contact a motorcycle accident lawyer immediately if you or a loved one suffered an injury or were killed in an accident. Brain injuries are serious and life-threatening. The aftermath of a brain injury can leave you devastated. You deserve the support of a qualified accident attorney after an injury.
An attorney can provide valuable guidance during this challenging time. With their experience, they can obtain the compensation you deserve and give you the peace of mind to heal and move forward.
Contact a lawyer if you believe that you have a claim. Learn more about your legal rights and options by discussing your matter with an attorney. Do not hesitate to contact a personal injury lawyer and get started on your road to financial recovery.
James Wayne Holliday
James Wayne Holliday has been practicing law since 1995. He has been named as a “Best Attorney” Lifetime Charter Member in Florida, an honor awarded to less than one percent of the nation’s lawyers.
Mr. Holliday has earned a reputation as a relentless trial lawyer because of his outstanding work ethic and thorough preparation of his cases for trial.
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