Motorcycle accidents are very different from accidents involving most other vehicles for what main reason: In a car or truck accident, the motorist has protection from their outside environment. In a motorcycle accident, riders have no protection except for any protective gear they are wearing. For this reason, collisions and other accidents can launch motorcyclists from their bikes, often causing serious injuries, including traumatic brain injuries.
If you are here, the chances are that you have already suffered injuries in a motorcycle collision. You may be worried about your injuries and whether your brain has been affected by head trauma. Fortunately, you can find helpful content below to inform you about what can happen to the brain in a motorcycle crash. For more information or for help with filing a claim, you should reach out to a motorcycle accident lawyer near you as soon as possible.
Brain Injury Symptoms
Brain injuries can vary widely in severity, and different types of brain injuries can result in very different symptoms. In fact, some people who experience relatively minor injuries can be asymptomatic for a significant time. For example, football players who suffer traumatic brain injuries sometimes never experience complications until well after their careers have ended. I
n many cases, these complications are a result of chronic traumatic encephalopathy, or “CTE.” In the same way, you could feel perfectly fine yet nonetheless be at risk of developing complications related to your brain injury later in life.
That said, many brain injuries cause obvious symptoms that you should never ignore.
Here are some of the more common symptoms of a brain injury after a motorcycle accident:
- Headache
- Blurry vision
- Sensitivity to light and sound
- Nausea and vomiting
- Difficulty concentrating
- Confusion
- Disorientation
- Loss of consciousness
- Dilation of one or both pupils
If you have observed any of these symptoms after your motorcycle accident, then it’s safe to say that you might have a brain injury. Contact your doctor right away to set up an appointment and receive a more accurate diagnosis.
Brain injuries can be deceiving because a victim may communicate normally after their accident or not seem seriously injured. When symptoms do arise, family members and friends often assume that victims are just tired or “out of it” and assume that their conditions will improve on their own.
As an accident victim, it’s critical to understand that all brain injuries are serious. You should always seek medical attention after a motorcycle accident, especially if you bumped your head. Waiting to obtain a diagnosis and start treatment can have disastrous results.
What Happens to the Brain During and After a Motorcycle Accident?
What can happen to the brain in a motorcycle accident depends on what happened. In addition, brain injuries can occur in both minor and severe accidents, and you should never assume that you are “fine” because your accident occurred at low speed or you could walk away.
In a motorcycle accident, the force of the impact can jostle the brain inside of the skull. Furthermore, the brain can hit the sides and top of the skull, causing tearing, bleeding, and bruising in the brain. When these things occur, it can cause serious brain injuries that can result in long-term and debilitating complications.
In some cases, the trauma from a motorcycle accident can result in brain swelling. Because the cranium encases the brain, this swelling can cause further damage as the brain presses against rigid bone. Over time, complications can arise and lead to death if left untreated.
Long-Term Brain Injury Problems
Depending on the severity of your motorcycle accident and injuries, the brain may not heal completely. Complications can arise that can hinder your ability to function normally. In many cases, these complications can last for years or even be permanent, leaving victims with significant economic and non-economic losses.
Some of the more common complications associated with severe brain injuries include:
- Loss of motor skills
- Trouble speaking
- Memory loss
- Seizures
- Inability to work
- Depression, anxiety, anger, and mood changes
Recovering from a Long-Term Brain Injury
Recovering from a long-term brain injury can take a very long time, even with extensive medical treatment. The brain is the most complex organ in the human body and is very susceptible to damage in accidents that involve head injuries.
Importantly, even slight damage can cause irreversible effects. The amount of healing and how quickly a person heals often depends on the severity of the accident in which the injuries occurred. Successful rehabilitation can take several months and maybe even years.
Some people never recover and their lives are changed forever. Even after making a full recovery, a motorcycle accident victim may deal with impactful physical and mental challenges for the rest of their lives. Since suffering from a brain injury can result in hospitalization and rehabilitation, the resulting medical bills can become overwhelming. If your bills are piling up quickly, then you need to speak to an attorney to learn more about how you can overcome this challenge.
About Traumatic Brain Injuries
The brain is responsible for controlling all of the human body’s involuntary and voluntary responses. Inside of the brain are several lobes, and each is responsible for particular bodily functions.
In some cases, brain injuries will never completely heal. This fact means that many of the deficits caused by a traumatic brain injury will likely be permanent if the injury is severe.
Below are the different parts of the brain and how a traumatic brain injury might affect them.
- Frontal lobe – The frontal lobe controls functions such as concentration, attention, judgment, planning, personality, behavioral impulses, emotional control, and the ability to speak. Injuries to the frontal lobe can lead to the deterioration of recalling events, emotional and behavioral control, and communication.
- Temporal lobe – The temporal lobe controls functions such as the ability to understand sequencing, organization, and spoken language, as well as memory. Injuries to this part of the brain can lead to difficulty in communicating and remembering.
- Occipital lobe – This lobe is mainly responsible for controlling vision. Injuries to this lobe can cause damage to the victim’s sight and prevent them from assessing the size and shape of objects and ultimately cause blindness.
- Parietal lobe – The functions of this lobe include depth perception, identification of shapes, colors, and sizes, and sense of touch. Damage to this lobe can result in impairment in the five primary senses: touch, smell, sight, hearing, and taste.
- Cerebellum – The cerebellum is responsible for functions such as skilled motor activity and balanced movement. A massive injury to this lobe can result in the inability to move in a coordinated manner and maintain balance.
- Brain stem – The brain stem maintains the involuntary responses of the human body, such as consciousness, arousal, heart rate, and breathing. Damage to this lobe can be deadly, resulting in consciousness disorders (coma) and ultimately death.
The impact on your health after a motorcycle accident can also depend on which side of the brain sustains damage.
- The right side of the brain controls the left side of the body and conceptual thinking, imagination, empathy, figurative speech, and creativity. A traumatic right brain injury can result in diminished control of the left side of the body, music perception, alter creativity, changes to visual perception, and visual memory deficits.
- The left side of the brain controls movement on the right side of the body. It maintains precision, organization, literal thinking, logic, and analysis. An injury to the left side of the brain can result in diminished control of the right side of the body, impaired logic, sequencing difficulties, and difficulty understanding language and speaking.
Complications Involved in Traumatic Brain Injuries
When a person suffers a head injury after a major motorcycle accident, healthcare professionals will typically search for signs of a traumatic brain injury that include:
- Consciousness disorders, which can result in changes to an individual’s awareness. Examples of these disorders include a coma, which is a loss of consciousness that lasts for at least 24 hours, a vegetative state, which is a condition where a person can open their eyes, make noises, and have reflexive responses but isn’t aware of their surroundings, and brain death.
- Infections to other parts of the body and the skull. Typically, a person who has been in a motorcycle accident will also have other injuries, which often include open wounds. Each of these injuries, while minor, present a wide-open opportunity for bacteria to invade the body and wreak havoc. A fever is often the first sign of an infection. A fever can also signal brain damage in the area that regulates the body’s temperature.
- Damage to the blood vessels in the brain, which can place victims at a higher risk of experiencing blood clots, stroke, and other life-threatening issues.
- The buildup of cerebrospinal fluid in the brain, also called hydrocephalus, can cause further damage. To repair this issue, doctors will install a shunt to drain excess fluid to reduce growing pressure on the brain.
The Tremendous Cost of Living with a Brain Injury
Due to the significant likelihood of motorcycle accident victims suffering from lingering complications and permanent deficits resulting from a traumatic brain injury, lifetime medical costs can range between $85,000 and $3 million.
The worst part about this is that those with brain injuries may find a return to work difficult. Brain injuries can adversely affect every aspect of a victim’s life.
Those who return to work have to receive special accommodations, such as frequent breaks, lighter workloads, and fewer or shorter workdays. This can lead to changes in income.
Mobility issues and loss of impulse and behavioral control, which are symptoms of traumatic brain injury, makes participating in community events and public activities very difficult.
Brain injuries can also cause difficulties for those who have suffered from a motorcycle accident in society. At home, a brain injury can result in severe emotional and financial stress for the entire family.
Parents, children, and spouses often must act as caregivers for a loved one who is suffering from a long-term brain injury. Spouses, in particular, can suffer a loss of intimacy in cases where victims are cognitively or physically disabled.
Different Classifications of Brain Injuries
Traumatic brain injuries are classified and labeled in various categories. These categories are mild, moderate, or severe based on the seriousness of the wreck and the victim’s state of consciousness during the time of the diagnosis.
But, make no mistake – there is nothing “mild” about a traumatic brain injury. Even standard concussions that doctors typically classify as mild brain injuries can result in long-term issues such as chronic pain and memory loss.
In the context of brain injuries, “mild” refers to the initial presentation of your symptoms at the time of your diagnosis but not the potential long-term consequences of your condition. Your doctor may label your brain injury as mild based on how you appear during an examination. As a victim, you should keep in mind that every brain injury is a serious matter and that you should do everything you can to protect your rights.
Recovering Damages After a Motorcycle Accident
The damages associated with brain injuries can be tremendous. If you or a loved one has suffered from a recent brain injury due to the carelessness and negligence of another individual, you should do everything you can to protect your rights and obtain compensation.
To prove that someone else was responsible for your accident, you must show that:
- The person who is responsible for your injuries had a duty of care in the situation. A person’s duty of care largely depends on the circumstances under which an accident occurred. For example, if your crash happened due to the driver of another car, the duty of care of that driver was to drive his or her car safely and legally.
- The person breached their duty of care
- The breach resulted directly in your accident
- You suffered damages are a result of the breach
Here are some of the damages you may recover in the aftermath of a brain injury suffered in a motorcycle accident:
- Medical expenses, including estimated expenses you expect to incur in the future due to your injury.
- Lost wages
- Loss of future earning capacity
- Property damages resulted from the accident, including repair costs for your motorcycle.
- Pain and suffering.
- Emotional distress.
- Loss of consortium or the decrease of companionship and intimacy.
- Loss of the enjoyment of life.
Selecting the Right Motorcycle Accident Attorney
Brain injuries are very serious, even with our current advances in medical treatment and technology. In many cases, victims suffer significant economic and non-economic losses that can negatively affect their quality of life. Anyone who has suffered a brain injury in a motorcycle accident must retain an experienced lawyer to represent them as soon as possible.
Below are some of the ways you can find the best lawyer for you:
- Check Google reviews – Online reviews are one of the most trusted ways of distinguishing great local businesses from those with a bad reputation. Always check online reviews for any law firm you encounter.
- Ask for references – In addition to asking for references, you should also ask for references. References are real clients you can talk to about their experience with a particular law firm.
- Verify references – Don’t just take a lawyer’s word for it. Verify all references you receive to ensure that you are going to work with a quality attorney.
- Request a free consultation – A free consultation will allow you to see a prospective lawyer in action. They will meet with you personally, discuss the merits of your case, and determine the best course of action moving forward.
- Remember that Your lawyer Works for You – You should always keep in mind that your attorney works for you, not the other way around. You should find an attorney that you get along with and that you feel like you can communicate with. It’s a good idea to ask an attorney about how you will receive updates about your case before you retain one. Ask whether you will have his or her cell phone number, whether they use email to communicate with clients, and who your main point of contact will be.
You want to make sure that you have an attorney who is right for you and your case. Brain injuries are complex and often invisible, and the losses can be different from those of other types of injuries. You want an attorney who works with other clients who have brain injuries to ensure they understand the unique effects and losses from your injury.
A free consultation is an important event for motorcycle accident victims. A lawyer can:
- Evaluate whether you have a valid claim
- Estimate your losses
- Learn about your injuries
- Advise you on the best course of action for your case
In some situations, a lawyer might file an insurance claim against a negligent driver right away. On the other hand, some cases take time to investigate and gather evidence before your lawyer files your claim. You do not want to rush the process, but you do not want unnecessary delays either. Having the right lawyer is essential to an efficient process and successful claim.
Why Having Legal Representation Matters
Some motorcycle crash accident victims forgo hiring a motorcycle accident attorney because they believe that their injury isn’t that serious or that they will not recover as much compensation as they would on their own. Unfortunately, preliminary diagnoses can be misleading since symptoms of brain injuries can take a few days to appear, and insurance companies regularly take advantage of unrepresented motorcycle accident victims by settling cases for less than they are worth.
Even if you are experiencing a minor headache after your accident, you should still see a doctor and hire an attorney.
Here are some reasons why this is your best course of action:
- A motorcycle accident attorney can ensure that you will receive top-notch medical care in the aftermath of your accident.
- Hiring a lawyer will put you in the best position to reach a desirable settlement offer.
- An attorney on your side will make it more likely that you obtain full compensation for all of your losses
- Ultimately, an experienced attorney can help you acquire the funds you need to cover your medical expenses and other related costs.
As you can see, hiring an attorney is in your best interest if you have suffered injuries in a motorcycle accident. The insurance company wants you to handle your case on your own because they know that an experienced lawyer can ensure that they pay you the compensation you deserve after a serious brain injury. Don’t fall into this trap if you have suffered a traumatic brain injury.
Hire a lawyer that will represent you and force your insurance company to cover all of your medical and rehabilitation expenses. If your accident was someone else’s fault, the insurance company isn’t going to take the risk of going through trial and wasting money. Hiring a lawyer ensures that you reach the settlement table and put your best foot forward.
Contact a Doctor
Many of us are guilty of avoiding medical treatment as much as possible. Going to the doctor can be an uncomfortable and nerve-wracking experience. Unfortunately, the fact is that you should seek medical attention as soon as you can after any motorcycle accident, both for your health and to protect your legal rights. The same holds true for any follow-up appointments or physical therapy your doctor may recommend.
One of the main reasons why you should contact a doctor is the long-term injuries you can sustain from your brain injury. In some cases, early intervention can significantly improve brain injury victims’ outcomes.
The state of California has a statute of limitations of two years for motorcycle accident cases involving motorcycle crashes. If you delay too long, you could risk injuring yourself more and denying yourself the opportunity to receive a settlement offer. Contact a doctor to receive an accurate diagnosis and start fighting for your legal rights today.
Receive All the Medical Care You Can
If you have been injured in a motorcycle accident, you should receive all of the medical care you can. Do not hesitate to go to the hospital or urgent care if you have any concerns about your condition. Doing so will ensure that you physically recover as much as possible and that you have comprehensive documentation regarding your injuries.
Another reason why you should receive all of the medical care you can is to bolster your motorcycle accident claim. The insurance company will become suspicious if you deny medical care and all of a sudden hire a lawyer to request a large settlement. This type of conduct can be used against you in settlement negotiations or court. Don’t make the mistake of forgoing essential medical care. Instead, seek all of the medical care your doctor recommends. Be sure to follow all of your doctor’s instructions and participate in your treatment plan.
Follow Your Rehabilitation Plan
If your physician has recommended that you engage in occupational or physical therapy, be sure to attend all of your appointments and actively participate in your rehabilitation.
There is an obvious health benefit to attending rehab, as you can regain your basic motor skills and learn how to cope with your new condition. Brain injuries can get worse over time.
Getting an accurate diagnosis and determining the best step forward in rehab is key. Another benefit of attending rehab is increasing the amount of compensation you can receive from your settlement. If you are required to attend rehab and win your case, your insurance company will pay a settlement that will cover this cost. Don’t skip out on your rehab sessions, as the insurance company can use a lack of participation in treatment to justify lowering your settlement offer.
How Much is Your Brain Injury Case Worth?
Every brain injury is unique, with different effects on your life. Some brain injuries can impact you for a few weeks and might require rest and time away from work. Others might result in a long-term coma, time in an intensive care unit (ICU), and permanent impairments. Either way, you might experience losses for which you deserve compensation from the party who caused your injuries.
Determining the value of a brain injury case can be a complicated matter. The most straightforward losses include medical expenses you already incurred, as well as wages you lost from missing work due to your recovery. However, many brain injury victims experience losses far beyond these economic damages.
Other damages you might seek from a liable party following a brain injury might include:
- Future medical expenses – If you need ongoing therapy, home healthcare, or other assistance due to brain injury-related impairments, you can seek financial recovery for your future medical expenses. Often, this might require the help of a medical expert who can attest to the treatment you will need and the associated expenses.
- Future lost earnings – People with long-term effects of brain injuries often have impairments that interfere with their ability to perform their jobs. For example, if you have cognitive impairments, you might not work as a professor or researcher. If you have physical impairments, you might no longer work in construction or similar occupations. If you have to take a lower-paying job or stop working altogether, you can seek compensation for your future lost earning abilities.
- Pain and suffering – Other damages might stem from financial losses, but brain injuries can result in intangible (non-economic) losses, as well. People can seek payment from liable parties for their physical and mental suffering resulting from their injuries. This suffering can involve pain that needs management by medication or other therapies, the trauma of the accident itself, the challenging experience of having a brain injury, and more.
- Permanent disability – If your life will never be the same following a brain injury, you deserve compensation for the permanence of your injuries. Often, brain injuries have life-long effects, which can be costly in unforeseeable ways. Recovering for your permanent disabilities can help you move forward with your life.
In rare cases, punitive damages might be available to brain injury victims. Punitive damages may be possible when someone else acted with gross negligence or intentionally. For example, if someone knew they were very drunk, and still decided to drive resulting in a motorcycle accident, that person might be liable for punitive damages. These do not stem from economic or non-economic losses from your injuries, but rather intend to punish the wrongdoer and deter future wrongdoing.
Many brain injury claims can involve significant amounts of money. Motorcyclists can lose a lot due to brain injuries, and they deserve full compensation for all of their losses from negligent or wrongful parties. Always have an experienced attorney calculate your losses so you do not miss out on any compensation that you deserve.
Contact Someone to Advocate for Your Rights Today
As you watch medical bills pile up, you might wonder whether it is time to call an attorney. If your physical condition is stable, and you suspect someone else caused your injuries, the time to call for legal assistance is now.
An attorney can evaluate your rights and get to work building your claim. Georgia has time limits for filing lawsuits after motorcycle accidents, and you do not want to risk losing your right to seek compensation. In addition, evidence can disappear over time, so you often have a stronger case the sooner you consult with a motorcycle accident lawyer.
An experienced attorney is waiting to help. You do not have to deal with the aftermath of a motorcycle accident and brain injury on your own. If someone else is liable, you deserve full compensation for your medical bills and other losses. Do not delay in protecting your rights, contact Brauns Law Accident Injury Lawyers, PC today.