A motorcycle accident can cause any number of life-threatening or disabling injuries. However, brain injuries are among the most common and devastating. Traumatic brain injuries, also known as TBIs, require extensive medical care and rehabilitation to help the cyclist recover. These injuries are also notoriously difficult to seek compensation for in a claim against an insurer or party at fault.
Trying to process an insurance claim or determine whether a lawsuit might be necessary after a motorcycle accident can be a challenge. A motorcycle accident lawyer can help you protect your rights and fight for the compensation you may be eligible for after a crash.
If you sustained a brain injury, you need a lawyer with experience representing brain injury victims. Only a lawyer with experience can understands what it will take to help you through this process and what compensation you are likely to recover after a motorcycle accident.
A Lawyer Will Help You Discover Who May Be Liable for Your Motorcycle Injury
Before a lawyer can file a claim on your behalf after a motorcycle accident, they must determine who caused it. Although you may believe you know who caused the motorcycle crash, a lawyer will examine each aspect of the accident to reveal who else might be liable to you.
A negligent motorist will primarily be responsible for your losses in many cases. However, there are some instances in which other parties may also be liable for your injuries.
Parties that could be liable for a motorcycle crash include:
- The driver of another vehicle
- An employer of the driver
- The owner of the other vehicle
- A mechanic, cargo loader, or another third party
A Lawyer Will Gather Evidence and Testimony
Whether in an insurance claim or to a court, proving your case requires you to have evidence that supports different aspects of the case. As a motorcycle crash victim, you will likely go to a hospital immediately after the accident. Due to the severity of your injuries or the quick action of medical services, you may not have much evidence from the scene. Your attorney, however, can help you discover what evidence there is showing the damage at the scene.
An expert witness’s testimony may also be necessary to prove parts of your claim, like how the accident occurred, the type of injuries you sustained, and how your injuries will affect your future. Motorcycle accident attorneys have the resources to hire expert witnesses to establish liability or support the damages you seek.
A Lawyer Will Assist You in Calculating Your Motorcycle Accident Damages
Motorcycle accidents cause billions of dollars worth of losses each year across the U.S. An attorney can help you calculate how much your brain injury has cost you, putting your attorney in a position of power when they begin negotiating a settlement. Damages from a motorcycle accident involving a brain injury can include losses that an insurance company may overlook, so having an estimate on hand will help you show what your claim is worth.
Damages for a brain injury caused by a motorcycle accident may include compensation for:
- Emergency medical care and transport
- Ongoing medical treatment and rehabilitation
- In-home or recovery facility care
- Day to day living expenses
- Lost income after a crash
- Future loss of earnings you may incur because of injuries
- Temporary or permanent disability due to your brain injury
- The physical and mental pain and suffering you might endure after the accident
- Property damage to your motorcycle or belongings
A Lawyer Will Negotiate a Fair Settlement Offer
Once your lawyer has the information and evidence to back up your case, they will negotiate with the insurance company to get you a fair settlement offer. Your lawyer will use negotiation strategies to keep the insurance company from taking advantage of you. If you settle, you will be able to resolve your case without going to court. However, if an insurer or other party refuses to make you a fair settlement offer, your lawyer can continue the fight against them in court. Most cases settle before trial, but because a lawsuit is always possible, make sure the legal team you hire has courtroom experience.
Unique Challenges of a Motorcycle Accident Brain Injury
Motorcycle accident victims face many hardships when trying to get the compensation they need for their losses after an accident. Inherent biases against motorcyclists and skepticism of brain injuries by insurance company representatives can affect the compensation offered to you or even cause them to deny your case. A motorcycle accident lawyer can combat these biases by fighting for your interests throughout the claim.
If you sustained a brain injury in a motorcycle accident, contact a motorcycle accident lawyer for your free consultation to discuss your injuries, losses, and the potential for compensation. Do not try to take on this task alone; you need a trusted support system on your side as you face this challenge.