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Gregory Perenich
14 April 2022

How a Lawyer Can Help After Suffering a Brain Injury in a Motorcycle Accident

Suffering a brain injury in a motorcycle accident can cause many difficulties. A brain injury can interfere with every area of your life: your work, your leisure time, and even your relationships. Often, motorcycle accident victims find themselves scrambling to figure out what happens next.

Can a lawyer help you after a motorcycle accident that results in traumatic brain injury-and just what benefits can a lawyer offer? Consider what a lawyer might bring to your traumatic brain injury claim following a motorcycle accident.

1. A lawyer can make sure you know how much compensation you deserve after your traumatic brain injury.

brain injury in a motorcycle accidentA traumatic brain injury can cause several financial complications in your life. You may have high medical expenses, especially if you have a long road to recovery or ongoing occupational therapy. You may miss considerable time at work or even lose your ability to work in your profession due to your injuries. Not only that, you may suffer immensely because of your traumatic brain injuries.

A lawyer can help you break down the losses you have faced so you can include them as part of a comprehensive injury claim. When you understand the compensation you deserve, including a solid look at the actual losses you have faced, you can often figure out how to most effectively manage your claim.

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2. A lawyer can help collect all the evidence related to your motorcycle accident.

You may discover multiple factors that may have caused or contributed to your motorcycle accident. A negligent driver may serve as the most obvious liable party. A deeper investigation, however, can give you a great deal more information about the accident itself and everything that contributed to it.

For example, did you have an accident with a commercial driver or a driver on the clock? That driver’s employer may, in some cases, share liability for the accident, particularly if the driver has a history of causing past accidents or if the company has dangerous policies that may have raised the risk of an accident.

Did your accident involve any mechanical failure, either on your motorcycle or in the vehicle that hit you? You may have the right to pursue compensation from the vehicle manufacturer.

It may take a comprehensive investigation to uncover all parties that may share liability for your motorcycle accident. By working with a lawyer, however, you can receive more support through that process. A lawyer may also find it easier to investigate your accident’s details and access that vital evidence.

Witness Statements

A memory may fade or distort quickly after an accident, especially one that caused a great deal of trauma for the person that witnessed the accident. In some cases, you may need to get a report from witnesses quickly so you can put together a more effective statement that offers a better look at what really led to your accident.

A lawyer can help walk witnesses through the events that led to your motorcycle accident in a way that will increase the victim’s ability to offer an accurate report. Furthermore, a lawyer may more readily access the witnesses you need to testify about your claim.

Camera Footage

Camera footage from a motorcycle accident may come in various forms: dashcam footage, traffic camera footage, or security camera footage from a nearby business. A lawyer can often obtain access to that camera footage more easily. If you can get camera footage from your accident, you can more easily establish what likely contributed to your accident.

Mechanical Reviews

After a serious motorcycle accident, especially one that results in catastrophic injuries like traumatic brain injury, you may need an expert to conduct a mechanical investigation into the motorcycle and the vehicle involved in the accident to ensure that a mechanical failure did not cause or contribute to the accident. Lawyers often have a team of expert witnesses they can call on to review those critical details, which may make it easier for you to get the information you need after a motorcycle accident.

3. A lawyer can make a compelling claim that establishes liability for your accident and the compensation you likely deserve.

Your injury claim offers a clear, compelling look at the damages you sustained because of the accident, what compensation you expect for those damages, and who likely bears liability for the accident. Often, a compelling claim can make a huge difference in your ability to recover the compensation you really deserve after your motorcycle accident.

Several elements may go into that claim.

A Clear Breakdown of Evidence

A lawyer can help uncover all the evidence for an accident claim as clearly as possible to make it easier to see that the other driver caused your accident. In many cases, insurance companies have an intrinsic bias against motorcycle riders that may cause them to pressure you to accept some of the liability for the accident.

That intrinsic bias may even lead the insurance company to see liability in a motorcycle rider where none exists. A lawyer’s claim can lay out the evidence that shows that the other driver caused your accident and any other factors that may have contributed to the incident or the severity of your injuries.

A Comprehensive Look at Your Injuries

Traumatic brain injury can prove devastating in multiple areas of your life. With a traumatic brain injury, you may have a hard time going back to work or navigating many of the activities you once took for granted.

Some traumatic brain injury victims require round-the-clock care to help prevent them from injuring themselves or participating in dangerous activities. You may find that a lack of emotional regulation makes it very difficult for you to spend time around people, especially around large groups of people.

A lawyer can help provide a comprehensive look at your injuries and the limitations they posed in your life as part of a compelling injury claim. In some cases, that may mean bringing in expert witnesses to testify about the treatment you needed for your injuries or how your injuries have impacted your life.

An expert witness can also make it easier to share information about your injuries with people who may have only passing familiarity with brain injuries and their possible impacts.

A Breakdown of Your Financial Losses

A lawyer can help break down the financial losses you sustained in your accident in a way that you can present as clearly as possible to the insurance company so that you can maximize the compensation you can recover for your injuries.

The insurance company may try to dispute many elements of your recovery and the compensation you ask for. Having a lawyer on your side can make it easier to demonstrate what losses you sustained.

4. A lawyer can help you avoid some of the traps the insurance company may try to throw in your way.

Insurance companies often try to reduce the compensation they have to pay out by utilizing several tactics designed to decrease the liability held by the driver they cover or even the extent of your injuries. Traumatic brain injury can prove tricky. Scans alone may not tell the full picture of the limitations your injuries sustained.

A lawyer can help you navigate the insurance claim to maximize the compensation you can recover and minimize the odds that you will inadvertently miss out on some of the compensation you deserve.

Low Settlement Offers

Sometimes, the insurance company will start by sending you a low settlement offer after your motorcycle accident. In some cases, that settlement offer may arrive before you even have a chance to determine exactly how your injuries will impact you long-term, including how you will likely need to rearrange your life to accommodate those injuries.

The insurance company may make that offer seem very appealing, tell you that you cannot possibly expect a better offer, or pressure you to accept the offer fast, without consulting an attorney or going over all of your financial losses.

That offer, however, may not reflect your real financial losses related to the accident. In fact, accepting that offer may leave you short of the funds you need to cover your medical bills and manage your expenses during your recovery.

Pressure to Accept Liability

In some cases, the insurance company may put a lot of pressure on you to accept partial liability for the accident. If you contributed to the accident at all, it could reduce the compensation that the insurance company has to pay out.

The insurance company may try to get you to go back over the statement you have made about the accident and change what you have to say, or try to trip you up with questions that could indicate that you caused or contributed to the accident.

A lawyer can work with you to help you decrease the likelihood that the insurance company will trip you up.

Small Talk

You may not expect small talk to work against you as you attempt to move forward with a motorcycle accident claim. However, the discussions you have with an insurance adjuster while “waiting on the computer system” or simply chatting about your claim can have more implications than you think.

The insurance company may trick you into talking about your plans or activities. If you make statements that indicate you have plans to do more than your injuries should allow, you may inadvertently reduce the compensation the insurance company will offer you.

A lawyer can help deal with the insurance company on your behalf, which will help eliminate some of those tricks and tactics.

5. A lawyer can reduce the stress associated with filing a motorcycle accident claim after a traumatic brain injury.

For patients with TBI, stress can prove catastrophic. Increased stress can delay your recovery or trigger heavier symptoms, which may make it more difficult for you to enjoy other areas of your life. Not only that, you may find dealing with an insurance claim stressful, complicated, and confusing.

When you work with a lawyer, on the other hand, you can turn many of those frustrations over to the law firm. A lawyer can deal with the insurance company on your behalf, handling those vital communications and keeping you informed without unnecessarily raising your stress levels.

Simply turning your claim over to a lawyer may make the insurance company take your claim more seriously and increase the odds that you can recover the compensation you expect for your injuries.

6. A lawyer can represent you if your motorcycle accident claim has to go to court.

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Going to court over a motorcycle accident claim can further increase your frustration levels. You may know how much compensation you deserve and that the other party caused your accident, but intrinsic bias may act against you, or the insurance company may refuse to pay out the compensation you expect. If you do have to go to court, having a lawyer on your side can make a huge difference in your ability to handle the court case effectively.

If you have to file an injury claim following a traumatic brain injury in a motorcycle accident, having a lawyer on your side can make a huge difference in your ability to handle the claim and claim process effectively. Do not handle a motorcycle accident claim on your own, especially if you suffer from serious cognitive symptoms. Instead, contact a lawyer as soon as possible to handle your claim.