Suffering a head injury in a bicycle accident can be costly and often life-changing. In such cases, seeking legal assistance from a bicycle accident lawyer is not only immensely beneficial.
The legal process of seeking compensation for your injuries from liable drivers is complicated enough following a bike crash. Still, the effects of a head injury can make it even more daunting.
The nature of a head injury makes it critical to obtain the full compensation you need to cover your losses, which can be challenging - or impossible - without representation.
After a head injury, get your medical diagnosis and begin treatment immediately. Then, never delay consulting a bike accident attorney about your legal rights and options.
Schedule a Free Initial Consultation Today!
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You Can Suffer Head Injuries With or Without a Bike Helmet
Cycling comes with inherent risks, especially head injuries. Wearing a helmet significantly reduces the risk of severe head injuries but doesn't eliminate it.
According to research, helmets reduce the risk of head injury by approximately 69 percent. Helmets are not infallible, and they can crack or otherwise expose cyclists who believed they were protected to serious head injuries.
Whether you were wearing a helmet or not, if you have suffered a head injury in a bicycle accident, you can hold the negligent driver liable for your medical bills and other losses. Helmet use can be an issue in your injury claim, and you want a skilled bicycle accident attorney to address any helmet-related concerns to ensure insurance companies do not wrongfully reduce your compensation.
Related article: How Do Most Bicycle Accidents Happen?
Common Head Injuries to Cyclists
Cyclists are vulnerable to head injuries, as direct head trauma is common in collisions. The most common head injuries experienced by cyclists include the following.
Concussions
Concussions are some of the most common head injuries experienced by cyclists. They occur when the brain jolts or shakes within the skull, resulting in temporary disruptions to its normal functioning.
Symptoms of a concussion can include headaches, dizziness, nausea, and difficulty concentrating. Prompt medical attention can properly diagnose and treat concussions, as they can have long-term effects on a person's cognitive abilities.
Skull Fractures
Skull fractures are another type of head injury that cyclists should be aware of. These occur when there is a break in one or more bones of the skull. Depending on the severity of the fracture, surgery may need to repair the damage.
Also note that skull fractures can often accompany other head injuries, such as concussions or traumatic brain injuries. In some cases, skull fractures can result in permanent disfigurement of the forehead or face, even after treatment.
Traumatic Brain Injuries (TBIs)
TBIs are some of the most serious head injuries a cyclist can experience. TBIs occur when the brain sustains direct trauma, often from a significant impact or force.
These injuries can result in cognitive impairments, mood changes, and physical disabilities. Treatment for TBIs may involve a combination of medical interventions, rehabilitation, and ongoing support.
Learn more: How Much Compensation Do You Get for a Brain Injury?
Internal Bleeding
Internal bleeding is another potential consequence of a head injury in a bicycle accident. When blood vessels in the brain sustain damage, blood may accumulate and result in internal bleeding.
This can lead to dangerous increases in pressure within the skull and potentially life-threatening complications and permanent brain damage.
Prompt medical attention can identify and treat internal bleeding, and it requires immediate intervention, including surgical procedures to reduce pressure and drain fluid.
Most head injuries are invisible to the eye, and symptoms might not be immediately apparent. If you suffered head trauma or a forceful jolt in a bike crash, always seek medical attention as soon as possible.
Your medical team can conduct tests to identify any head injuries and begin treatment immediately. This can often mitigate the damage of a brain injury and, in some cases, save your life.
Never wait to get a medical evaluation, and once you learn you have a head injury, never wait to seek a legal consultation about a possible claim against the driver who hit you.
Devastating Effects of a Head Injury
A head injury can have devastating effects on an individual's life. The brain is a complex organ responsible for various bodily functions, cognition, and emotions. When the brain sustains an injury, it can result in cognitive impairments, affecting memory, attention, concentration, problem-solving, and decision-making abilities.
Individuals with head injuries may also experience mood swings, irritability, anxiety, depression, and personality changes. These changes can significantly affect a person's quality of life, relationships, and ability to perform daily activities.
The following are only some of the many life-changing effects you might experience due to a serious head injury and how a bicycle accident attorney can address them in your claim.
Always remember that these injuries can affect each victim differently, so you need individualized legal representation from someone who understands the complex nature of head injuries.
Cognitive Impairments
Cognitive impairments are common consequences of head injuries.
These impairments can affect a person's cognitive functions, such as:
- Memory
- Attention
- Reading comprehension
- Problem-solving
- Decision-making abilities
These changes can be frustrating and challenging to cope with, as they can affect a person's academic or professional performance, relationships, and daily life.
Proving the nature and value of cognitive impairments can be challenging as part of the legal process. A bicycle accident attorney can properly document any cognitive impairments and include them in your claim for compensation. They can also present evidence of the effects your impairments have had on your personal and professional life.
Medical Treatment and Expenses
When dealing with a head injury, medical treatment is necessary for proper recovery. Treatment may include emergency medical care, hospitalization, surgeries, medications, rehabilitation, and therapy. The cost of these treatments can quickly add up, placing a significant financial burden on the injured individual and their family.
Further, many head injuries persist for months or years - well beyond the resolution of a legal claim. When this happens, you must seek compensation for the estimated costs of your future medical treatment, rehabilitation, and care.
An experienced attorney can gather evidence and negotiate with the responsible party's insurance company to ensure you receive fair and just compensation for your medical expenses. They can also consult medical experts to prove your future medical needs and expenses, ensuring you seek enough for future financial support.
Lost Earnings or Education
Head injuries sustained in a bicycle accident can result in significant time away from work or school. This can result in lost income, as well as missed long-term professional educational opportunities.
Whether you have temporarily or permanently lost the ability to work or pursue your education due to a head injury, a bicycle accident attorney can seek compensation for your lost earnings or educational opportunities. They can build a strong case on your behalf, ensuring you negotiate adequate compensation for the full financial impact of your injury.
Pain and Suffering
Head injuries can cause severe physical and emotional pain and suffering. Chronic headaches, migraines, dizziness, and difficulties with sensory perception are common physical symptoms experienced by individuals with head injuries.
In addition to physical pain, emotional and psychological suffering may arise from the impact of the injury on relationships, self-esteem, and mental well-being. Many head injury victims experience depression, anxiety, and other mental struggles.
These effects are intangible and not as simple to prove as financial losses like medical bills or lost earnings. For this reason, they are an easy target for insurance companies to challenge and minimize.
In reality, pain and suffering damages should make up a good portion of your financial recovery, though unrepresented claimants often receive minimal pain and suffering compensation from insurers.
The right bicycle accident attorney knows how to assess and calculate your pain and suffering damages. They can present a strong case to insurance companies, ensuring that all aspects of your pain and suffering are properly considered in your claim.
If you receive a settlement offer lower than you deserve, your lawyer can negotiate and fight for the full amount of both economic and non-economic damages your head injury warrants.
Ways a Bicycle Accident Attorney Can Support You During Your Claim
A dedicated and experienced bicycle accident attorney on your side can make all the difference when pursuing a bicycle accident claim. Here are only some of the many ways an attorney can support you.
Building a Strong Case for Liability
When a negligent driver hits you on your bicycle, their insurer should cover your injury-related losses. However, you cannot expect the insurance company to voluntarily write you a check for everything you deserve. This will not happen.
First, you must prove a negligent policyholder caused your accident and injuries.
One critical task of a bicycle accident attorney is to gather evidence and build a strong case establishing the driver's liability. They can investigate what happened, interview witnesses, review police reports, and consult accident reconstruction experts if necessary.
By establishing clear and convincing evidence of the responsible party's negligence, an attorney can strengthen your claim and increase your chances of receiving compensation.
Proving the Extent of Your Head Injury-Related Losses
Insurers often misunderstand and undervalue head injury claims. They may downplay the severity of the injury and dismiss the long-term effects it can have on an individual's life.
This can lead to inadequate compensation offers that do not reflect the true extent of the injury and its impact on the injured person's physical, cognitive, and emotional well-being.
As mentioned above, you must receive fair and just compensation for your bike accident, which requires proving the extent of your head injury-related losses to the insurance company.
By presenting comprehensive evidence of your medical expenses, lost income, pain and suffering, and future losses, your bike accident attorney can pursue the compensation you deserve for your losses.
Fighting for a Fair Insurance Settlement
Insurance companies regularly undervalue head injury claims and offer low settlement amounts. Having a bicycle accident attorney will level the playing field. They can negotiate with the insurance company on your behalf, fighting for a fair settlement that adequately compensates you.
Once the insurance adjuster knows you have representation, they know the usual tactics to minimize your payout will not work. They also know that litigation becomes a real possibility if you do not receive a fair settlement offer. This gives you important bargaining power that can help resolve your claim more efficiently in many situations.
Filing a Lawsuit
Sometimes, even with the right attorney, insurance companies refuse to cooperate. They challenge the effects of your injury or dispute the liability of the driver, leading to an insufficient settlement offer despite rounds of negotiation. In such cases, your bike accident lawyer can escalate the matter and file a personal injury lawsuit in civil court.
Insurance companies usually do not want to go to trial. Therefore, they might be more willing to make a favorable settlement offer during the pretrial litigation process once a lawsuit is in progress. You usually cannot gain this leverage without an attorney.
What to Expect from a Free Consultation
If you have suffered a head injury in a bicycle accident, you must meet legal deadlines, so seek legal assistance as soon as possible. Contact a bicycle accident attorney near you to schedule a consultation. The good news is these meetings cost nothing.
During this consultation, you can:
- Discuss the details of your accident and injuries
- Learn about your rights and legal options
- Ask the lawyer questions about their services and your case
A skilled attorney can evaluate your claim, provide trusted advice, and give you peace of mind that someone will protect your interests.
Don’t Wait to Meet With a Bicycle Accident Lawyer About Your Head Injury
Suffering a head injury in a bicycle accident can have life-altering consequences. Seeking legal assistance from a bicycle accident attorney can provide invaluable benefits.
Don't delay in seeking legal help. Contact an attorney near you to discuss your case and protect your rights. Remember, you don't have to go through this challenging time alone. Case evaluations are free.
Schedule a Free Initial Consultation Today!