Motorcycles are dangerous vehicles. Every year, thousands of motorcyclists suffer serious injuries from accidents across the country, and sometimes those injuries are catastrophic.
Insurance companies often blame motorcycle riders for these accidents, even when it is the driver's fault. Because of this, victims of motorcycle accidents may want to hire a motorcycle accident lawyer to defend them against accusations of fault. While victims may want to handle an injury claim on their own, they may not know all their recoverable damages, especially if they suffered a serious brain injury after a motorcycle accident.
How a Lawyer Can a Lawyer Help With A Brain Injury Case?
After a brain injury, victims and their families may find it too difficult to manage a legal case.
Hiring an experienced lawyer to assist with your claim is vital in receiving compensation. An Attorney can assist with:
- Gathering evidence
- Building a case
- Filing a claim
- Managing all communications with the insurance company and other involved parties
- Negotiating with the insurer for a fair settlement
- Preparing a case for trial
- Filing a lawsuit
- Representing the injured party in court
What to Do After a Motorcycle Accident
The most important thing after an accident is to seek medical attention and make sure all involved are safe. Move out of the way of any traffic, if possible, and call 911 immediately.
Nothing is more important than the health and safety of those involved, so this should be the number one priority. Involved parties should also move their disabled vehicles out of the way to prevent further collisions.
Get the Information You Need
Exchanging driver information is also essential, including getting a record of all personal information and any insurance company details. At no point should you admit fault for the crash, as the opposing side can use your admission at trial.
The next step should be to collect any necessary information from the accident site. An attorney may later find this information useful. Photos of the crashed motorcycle, the scene of the wreck, and other important features can serve as vital evidence in a personal injury case. When permitted, a doctor or hospital should perform a health evaluation. Just because an injury is not apparent, it does not mean that there isn't one.
Most head injuries have delayed symptoms. A doctor can evaluate an injury's severity and help stop further complications before things progress to more serious or fatal conditions. Get a professional diagnosis and have the injuries on an official medical record file.
It is also vital that each party reports the accident to their insurance company (ideally, no longer than 24 hours following the crash). They also may want to contact a lawyer right away to help with insurance and other legal claims.
Other Information to Collect for a Personal Injury Case
Important information that insurance companies and other legal entities like an attorney may ask for include:
- Official medical records from a hospital or doctor detailing the severity of any injuries
- Testimony from witnesses at the accident scene
- Accounts from friends and family who can attest to a loved one’s suffering after an injury
- Photographs of the accident scene and injuries
- Insurance information from all parties involved in the accident
- Video footage of the accident from either surrounding businesses or the dashboard and helmet-mounted cameras.
Who Can I Hold Liable for a Motorcycle Accident?
One of the first steps in a case or claim is identifying the accident’s cause. Generally, an at-fault party will have to lawfully pay for any losses and injuries, including medical bills, motorcycle repair, and non-economic damages. One or more parties can share the fault as well.
Head-on collisions, vehicles making lefthand turns, DUIs, lane-splitting, and road hazards can all cause accidents. If someone did not follow the rules of the road or wear a helmet, you can hold them partially at fault for the resulting brain injury from the crash.
Permanent injuries are common in serious motorcycle wrecks. Survivors of the crash can often live with the results of the accident for the rest of their lives. The most common injuries of catastrophic motorcycle accidents include brain damage and paralysis. These require long-term care and treatment that can result in costly medical fees. Working with a personal injury lawyer can help clients receive the financial compensation they need to cope with those fees.
What Compensation Is Recoverable After a Motorcycle Accident?
Whether the result is a serious brain injury or a minor injury like a road rash, injured parties may be entitled to compensation after a motorcycle accident. The best way to know what compensation they may be able to receive is to consult an accident attorney. Each accident case is unique, and there is no set value for a settlement.
Calculable compensation will consider:
- Past and future medical expenses and hospital visits
- Loss of income due to the injury
- Disability costs
- Motorcycle repairs or replacement
- Legal fees and other out-of-pocket costs
- Rental car fees
- Pain and suffering endured after the accident
- Emotional damages
- Lost quality of life
- Punitive damages
An Accident’s Severity Often Determines Award Amount
Usually, motorcycle crash claims that involve serious or catastrophic injuries (including brain injuries) tend to be worth more than minor injury claims. Additionally, fatal accidents are worth more than those resulting in serious injuries. Juries award compensation based on the severity of a victim’s injuries and how those injuries impact their daily life. Instead of going to trial, cases that settle will go to insurance companies to assess medical bills and other damages to assess their value.
An attorney can help those suffering from brain injuries after a motorcycle accident to recover fair compensation to help with their expenses.
A Motorcycle Accident Attorney Can Help Recover Damages for Brain Injuries After an Accident
A personal injury lawyer can help their clients handle negotiations with their insurance company after a crash, and they can also help them organize the entire legal process. They can help investigate the accident, prepare evidence, and make a strong argument on their client's behalf in court to help get them considerable compensation.
A personal injury attorney can also guide accident victims through the steps they need to take to get the compensation they deserve while they can focus on what's most important—getting better.