When a motorcycle accident occurs in a state like Colorado, where wearing a helmet is optional, the severity of head injuries is likely to be higher than in areas where wearing a helmet is required.
Serious injuries and fatalities from traumatic brain injury have risen dramatically in Colorado after helmet restrictions were eliminated. Helmets, on the other hand, do not protect against all types of traumatic brain injuries.
Wearing a helmet is the greatest protection against mortality from head trauma, regardless of a state’s helmet legislation. Even if there are no head injury indicators, anybody engaged in a motorcycle accident should seek medical assistance right once.
Motorcycle riders appreciate the thrill of adventure and adrenaline that their machines may provide. Motorcycles provide riders with a sense of connection to their environment. They also create a sense of independence that is not available in regular passenger cars.
Motorcycles may be thrilling, but they can also be quite deadly. According to the National Highway Traffic Safety Administration, 80% of all motorcycle accidents end in injury or death to the rider or passengers.
Motorcycle riders are at a higher risk of serious and long-term injuries because they have less physical protection than cars or trucks. A traumatic brain injury is one of the most frequent and deadly forms of injury that motorcyclists may suffer (TBI).
If you have suffered brain damage as a consequence of a motorcycle accident, you may be entitled to financial compensation for your medical bills and other expenses. In the next piece, we’ll go over all you need to know about traumatic brain injuries caused by motorcycle accidents.
TRAUMATIC BRAIN INJURIES: WHAT YOU NEED TO KNOW
Motorcycles lack the same safety features as conventional passenger cars. Motorcycles lack the features that cars, trucks, and vans have.
Motorcyclists are at a higher risk of brain damage following a collision because they are exposed to the environment. Motorcyclists, for example, are practically always thrown from the bike following an accident due to the absence of seat belts.
A substantial hit or blow to the head is usually the cause of traumatic brain injury. Traumatic brain injuries are divided into two groups.
The term “closed head” refers to traumas in which the brain is damaged, but the skull’s bone is not broken. When the skull bone is broken or otherwise penetrated, “open head” injuries, also known as penetrating head injuries, occur.
The risk of traumatic brain damage is significant if the victim’s head collides with the highway or another object. Brain injuries are classified into three severity categories by medical practitioners. Mild, moderate, and severe are the severity levels they utilize.
Even minor brain injuries may result in serious and debilitating symptoms like persistent pain and memory loss. The severity of TBI may be difficult to establish immediately after an injury since the brain is responsible for so many bodily systems.
TBI may cause temporary or permanent symptoms, such as Short-term or long-term memory loss
Inability to hear speech or vocally communicate Loss of senses, such as smell, taste, or vision Decreased movement or range of motion Psychological symptoms, such as anxiety or sadness
If you have any of these symptoms following a motorcycle accident, visit a doctor right away. TBI Medical Complications That Are Common
TBI may cause a wide variety of physical issues in addition to the cognitive and emotional symptoms outlined above. The following are some of the medical issues that TBI sufferers may face:
Following a brain injury, a dangerous buildup of cerebrospinal fluid occurs. This may result in further physical injury to the brain and should be addressed as soon as possible.
Seizures may occur even in patients with moderate TBI as a consequence of their injury. Seizures usually start soon after the triggering event. Victims, on the other hand, may have long-term or continual seizures. Post-traumatic epilepsy is the term for this condition.
The sufferer of an open head injury is more vulnerable to infections. Bacteria may infiltrate the tissue within the skull, resulting in illness.
As the body strives to combat germs, infections from open head traumas may cause significant fevers. Fevers may also be caused by some sort of damage to the brain’s structure.
STROKE AND BLOOD CLOTS
When a person has a TBI, the blood vessels in his or her brain may be damaged. If left untreated, this might result in blood clots and stroke.
If a sufferer remains immobile for an extended time after an accident, blood clots may form in the veins within the limbs.
All of these medical issues have the potential to become serious and cause long-term injury. If you have suffered a head or neck injury due to a motorcycle accident, you may be entitled to financial compensation.
The Importance of Helmets It should go without saying that all motorcyclists should always wear a helmet. The only sort of motorcycle safety equipment that may successfully assist avoid traumatic brain injuries is helmets.
Every year, motorcycle helmets save billions of dollars in medical bills. According to the National Highway Traffic Safety Administration, helmet-wearing saves the lives of nearly 1,800 individuals each year.
Wearing a helmet is an important safety precaution for motorcyclists since TBI can be so devastating. Motorcyclists who wear helmets lessen their odds of developing a TBI by about 70%. Wearing a helmet reduces the chances of a fatal accident by 42%.
TRYING TO RECOVER MONEY FOLLOWING A ACCIDENT
If you were wounded in a motorcycle accident due to the carelessness of another person, you might be entitled to financial compensation. You have the greatest chance of getting the money you are entitled if you contact an experienced personal injury lawyer.
The ultimate amount of compensation you may get is determined by several variables. Medical bills and expenses, such as hospitalization, appointment charges, and ambulance transportation, are common financial recovery from motorcycle accident settlements and judgments.
EARNINGS LOST AND WAGES NOT RECEIVED
A reduction in your earning potential if your injuries result in long-term disability. Suffering and pain
Loss of pleasure in daily activities
Loss of connection or consortium – often used in wrongful death claims Emotional anguish, such as worry, tension, and anxiety
A traumatic brain injury is challenging enough to deal with on a physical and psychological level. You should not be left to deal with the financial consequences of a motorcycle accident on your own.
Speaking with an experienced personal injury attorney can assist you in recovering the funds that are rightly yours.
SYMPTOMS THAT AREN’T SEEN RIGHT AWAY
Some brain injuries don’t show symptoms for days or even weeks. A concussion that goes unnoticed might lead to a serious second injury. If any degree of trauma has occurred, consider a motorcycle brain injury attorney after getting the correct medical diagnosis and treatment.
Serious brain injuries have decreased in numerous states after the implementation of helmet regulations. Motorcycle brain injury accidents have also grown as a result of more riders on highly frequented highways. Motorcycles are also ridden all year in Colorado, resulting in a higher than normal yearly accident rate. In most accidents, wearing a helmet may lessen the severity of a head injury, but significant brain damage may and do occur.
In a motorcycle accident, various forms of traumatic brain injuries may occur. These can happen even if you’re wearing a helmet, but they’re usually minor. Penetrating brain injuries and skull fractures are significantly more frequent without the protection of a helmet. Non- penetrating injuries, on the other hand, account for the bulk of motorcycle riders’ brain damage. These might include:
Even if a helmet is worn, bruising of the brain tissues may occur following a high-speed hit. Dizziness, headaches, nausea, and possibly irreversible speech damage are among the signs of concussions. A concussion may not manifest symptoms right away.
Also known as shaken brain syndrome, occurs when the brain is shaken inside the skull. This major injury may occur when a motorcycle rider is ejected and tumbles for a long distance at high speed. Helmets do not well protect against shaken brain syndrome.
An epidural hematoma occurs when blood forms a clot between the bony skull and the brain. A subdural hematoma occurs when a blood clot forms in the brain tissues. The need to contact a medical professional as soon as possible following a jarring hit to the head cannot be overstated. Hematomas may go undetected for days or weeks, causing serious brain damage and even death. All hematoma injuries need surgery.
Rotational Traumatic Brain Injury – The bony ridges generate lacerations as the brain is pushed to rotate inside the skull. This may result in a subdural hematoma as well as widespread axonal damage.
This is a kind of injury that affects a large region and is not addressed with surgery. The most prevalent cause of mortality in a motorcycle accident is rotational traumatic head injuries, which induce diffuse axonal damage. Because the injuries are produced by abrupt angular acceleration or deceleration of the brain, helmets provide little or no protection.
AFTER A MOTORCYCLE ACCIDENT, RECOVERING DAMAGES
The consequences of a brain injury may be devastating. Suppose you or a loved one has recently suffered a brain injury due to another person’s carelessness or negligence. In that case, you should do all possible to safeguard your rights and receive compensation.
To establish that someone else caused your accident, you must show that:
The person who caused your injuries owed you a duty of care in the scenario. The extent to which a person owes a duty of care is mainly determined by an accident’s circumstances. For example, if the driver of another car caused your accident, that driver owed you a duty of care to drive safely and lawfully.
The person’s duty of care was violated.
Your accident was directly caused by the breach. As a consequence of the breach, you were injured.
Following is a list of damages you may be entitled to as a result of a brain injury sustained in a motorcycle accident:
- Medical expenses, including the costs you anticipate spending due to your injury in the future. Wages lost
- Loss of future earning ability
- Property damage caused by accident, including motorcycle repair costs Suffering and pain.
- Emotional anguish.
- A decline in friendship and intimacy due to a loss of consortium.
- A lack of pleasure in life.
Choosing the Best Motorcycle Accident Lawyer
Even with today’s breakthroughs in medical care and technology, brain injuries are highly serious. Victims often experience large economic and non-economic losses, which may have a detrimental
impact on their quality of life. Anyone who has suffered brain damage as a result of a motorcycle accident should contact an expert lawyer as soon as possible.
The following are some methods for locating the right lawyer for you:
LOOK AT GOOGLE REVIEWS
One of the most reliable methods to separate fantastic local companies from those with a negative reputation is to look at online reviews. Always look up reviews for any legal business you come across online.
You should request references in addition to asking for them. References are actual clients with whom you may speak about their experience with legal practice.
Don’t simply believe what a lawyer says. Verify every reference you obtain to guarantee you’ll be working with a good lawyer.
Request a free consultation – This will enable you to see a potential lawyer in action. They will meet with you one-on-one to explore the merits of your case and identify the best next steps for you.
Keep in mind that your lawyer is there to help you, not the other way around. You should pick an attorney with whom you get along and with whom you feel comfortable communicating. Before you choose an attorney, you should inquire about keeping you informed about your case. Inquire about getting his or her mobile phone number, if they connect with customers through email, and who will be your primary point of contact.
You want to be certain that the attorney you choose is the best fit for you and your case. The losses from brain injuries might vary from those from other kinds of accidents since they are complicated and frequently unseen. You want an attorney that has experience representing people with brain injuries to guarantee that they understand the specific impacts and losses that your injury has caused.
For motorcycle accident victims, a free consultation is crucial. Determine if you have a viable claim.
Calculate your damages with the help of a lawyer Get to know your injuries.
Give you advice on the best course of action for your situation.
A lawyer may file an insurance claim against an irresponsible driver straight quickly in specific cases. However, certain matters need more time to investigate and collect evidence before your lawyer may submit your claim.
You don’t want to speed the procedure, but you also don’t want it to take too long. Having the appropriate lawyer on your side is critical to a smooth procedure and a successful claim.
WHY IT’S IMPORTANT TO HAVE LEGAL REPRESENTATION
Some motorcycle accident victims refuse to hire a lawyer because they fear their injuries aren’t severe enough or that they won’t be able to get as much compensation on their own.
Unfortunately, since signs of brain damage might take a few days to show, first diagnoses can be deceiving, and insurance companies often take advantage of unrepresented motorcycle accident victims by settling cases for less than they are worth.
Even if you just have a small headache due to the accident, you should consult a doctor and engage an attorney.
Here are a few reasons why this is the best option for you:
- Hiring a motorcycle accident attorney will put you in the greatest position to negotiate a favorable settlement offer.
- Having an attorney on your side will make it more likely to get full compensation for all of your losses.
- In the end, an expert attorney can assist you in obtaining the cash you need to pay for your medical
expenses and other connected fees.
As you can see, if you have been injured in a motorcycle accident, it is in your best interest to get an attorney. Because they know that an expert lawyer can guarantee that you get the reimbursement you deserve after a major brain injury, the insurance company encourages you to handle your case independently. If you’ve had a traumatic brain injury, don’t fall into this trap.
Engage the services of a lawyer to defend you and compel your insurance company to pay for all of your medical and rehabilitation costs. If someone else’s negligence caused the accident, the insurance company will not risk trial and squandering money. Hiring a lawyer guarantees that you arrive at the settlement table prepared to present your best case.
CONSULT A PHYSICIAN
Many of us are guilty of attempting to avoid medical care whenever feasible. Visiting the doctor may be a stressful and unpleasant experience. Unfortunately, following any motorcycle accident, you need to get medical assistance as quickly as possible, both for your health and to defend your legal rights. The same goes for any follow-up checkups or physical therapy that your doctor may suggest.
The long-term consequences of your brain damage are one of the key reasons you should get medical help. Early intervention may improve the prognosis of brain damage sufferers in certain situations.
For motorcycle accident claims involving motorcycle wrecks, the state of Colorado has a two- year statute of limitations. If you wait too long, you risk damaging yourself more and losing the chance to obtain a settlement offer. Make an appointment with a doctor to get a proper diagnosis and to begin fighting for your legal rights right now.
GET AS MUCH MEDICAL HELP AS YOU CAN
If you have been wounded in a motorcycle accident, you should seek medical attention as soon as possible. If you have any worries about your health, do not hesitate to go to the hospital or urgent care. This will guarantee that you heal as much as possible physically and that you have a thorough record of your injuries.
Another reason to seek medical attention as soon as possible is to support your motorcycle accident claim. If you decline medical treatment and then employ a lawyer to pursue a huge payout, the insurance company will grow suspicious.
This kind of behavior might be used against you in court or during settlement discussions. Don’t make the mistake of skipping out on necessary medical treatment. Instead, follow your doctor’s advice and get all of the medical help you need. Make sure you follow your doctor’s recommendations and take part in your treatment plan.
STICK TO YOUR REHABILITATION SCHEDULE.
If your doctor has advised occupational or physical therapy, make sure to keep all of your appointments and participate fully in your recovery.
Attending rehab has clear health benefits, as it allows you to relearn fundamental motor skills and learn how to deal with your new situation. The effects of a brain injury might worsen over time.
It’s critical to get an accurate diagnosis and choose the appropriate next step in treatment. Another advantage of going to treatment is that it increases the amount of money you may get from your settlement.
If you are ordered to go to treatment, and your lawsuit is successful, your insurance company will pay a settlement to cover the expense. Don’t miss out on your rehab sessions since the insurance company may use your failure to attend to justify a reduced settlement offer.
WHAT IS THE VALUE OF YOUR BRAIN INJURY CASE?
Every brain injury is distinct, and each one has a different impact on your life. Some brain injuries might last for many weeks and need rest and time off work. Others might lead to a long-term coma, stay in an intensive care unit (ICU), and irreversible disabilities. In any case, you may suffer damages for which the entity that caused your injury should compensate you.
Trying to figure out how much a brain damage lawsuit is worth might be difficult. The most obvious losses are any medical bills you’ve already spent, as well as any money you’ve lost owing to your recovery. However, many brain injury sufferers suffer losses that go much beyond monetary losses.
FOLLOWING A BRAIN INJURY, YOU MAY SEEK THE FOLLOWING DAMAGES FROM A RESPONSIBLE PARTY:
Medical expenses in the future – You may seek financial compensation for future medical expenses if you need continuous treatment, home healthcare, or other help as a result of brain injury-related disabilities. Often, this may need the assistance of a medical specialist who can vouch for the therapy you’ll need and the costs connected with it.
FUTURE LOST WAGES
People who suffer long-term consequences from brain injuries sometimes have disabilities that make it difficult for them to work. If you have cognitive problems, for example, you may not work as a professor or researcher. You may be unable to work in construction or comparable industries if you have physical limitations. You may seek compensation for your potential lost earning capacity if you are forced to choose a lower-paying job or quit working entirely.
PAIN AND SUFFERING
Other damages may originate from monetary losses, but brain injuries may also result in non- monetary (intangible) losses. People may sue culpable parties for compensation for their bodily and emotional pain and suffering due to their injuries.
This suffering might include pain that requires medicine or other treatments to manage, the trauma of the event, the difficult experience of living with a brain injury, and more.
If your life is never the same after a brain injury, you are entitled to compensation for your injuries’ long-term effects. Brain injuries often have long-term consequences that might be expensive in unexpected ways. Recovering from your lifelong disability might assist you in moving ahead in life.
Punitive damages may be offered to brain injury patients in certain circumstances. Punitive damages may be available if someone else acts recklessly or maliciously.
For example, if someone knew they were very drunk but drove, resulting in a motorcycle accident, they may be held accountable for punitive damages. These are not intended to compensate you for any financial or non-economic damages caused by your injuries but rather to punish the perpetrator and discourage future misconduct.
Many brain damage lawsuits may result in large sums of money. Motorcycle riders might suffer significant financial losses due to brain injuries, and they are entitled to full compensation for all of their losses from negligent or unlawful parties. Always have an expert attorney evaluate your damages so that you don’t lose out on any compensation you are entitled to.
A brain injury’s aftereffects might vary from severe permanent disabilities to minor symptoms that go away in a matter of days or weeks. Reduced thinking or memory, poor motor abilities, edema (brain swelling), abrupt fluctuations in blood pressure, epilepsy, infection, and coma are all possible symptoms.
If you or someone you know is involved in a motorcycle accident, you should seek medical assistance right once, even if there are no obvious signs of injuries. Shock may hide pain and other symptoms, and some traumatic brain injuries are asymptomatic, even if they are life- threatening. You must contact a motorcycle injury attorney after getting medical care. You might have a case even if there was no other car directly involved.
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