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3 FAQs About Motorcycle Accident Brain Injury Claims

August 18, 2019

by Donaldson & Weston

personal injury lawyer

It’s not uncommon to walk away from a car accident relatively unscathed. Those who are involved in motorcycle accidents, on the other hand, are incredibly lucky if they can walk away at all.

Unlike cars, trucks, and SUVs, motorcycles don’t have a crumple zone. Outside of a helmet and perhaps a leather jacket and pants, riders have zero protection from the force of impact in the event of a collision.

While high-quality safety gear can reduce the severity of injuries, even the best riding apparel is no match for the average 4,000-pound passenger vehicle. Brain injuries are especially common among motorcycle accident victims, even if they were wearing a helmet at the time of the crash.

If you or someone you love sustained a traumatic brain injury (TBI) in a motorcycle accident, your family may be entitled to compensation for the resulting damages. To learn more about the claims process, read on for the answers to some of the most frequently asked questions on the subject:

1. Can I Seek Compensation If I Wasn’t Wearing a Helmet at the Time of the Accident?

Because Florida follows a pure comparative negligence rule, accident victims have the right to pursue damages even if they were partially liable for their injuries; however, their award of damages may be reduced by their own percentage of fault. Under some circumstances, though, failing to wear a helmet does not contribute to the severity of injuries in a motorcycle crash. For example, if you broke your leg but did not suffer a head injury, it’s unlikely that your failure to wear a helmet would affect the outcome of your case. But if you sustained a brain injury, there’s a very good chance that the insurance company will argue that your failure to wear a helmet contributed to your damages, and your financial recovery could therefore be reduced.

2. When Should I Start the Claims Process?

It’s wise to call an attorney as soon as your condition stabilizes so your legal team has the opportunity to gather time-sensitive evidence. Hiring a lawyer right away may also help you avoid critical mistakes early in the proceedings. It’s important to note, however, that if you haven’t yet reached maximum medical improvement, your attorney may suggest putting off the settlement negotiations in order to arrive at a more accurate figure for projected medical costs.

3. What Kinds of Damages Can I Pursue by Filing a Brain Injury Claim?

In Florida, personal injury victims can pursue compensation for any economic and non-economic damages they incur. Examples include:

  • Medical expenses;
  • Home care;
  • Domestic help;
  • Child care;
  • Lost income and benefits;
  • Loss of future earning capacity;
  • Property damage;
  • Home and vehicle modifications necessary for accommodating new disabilities;
  • Pain and suffering;
  • Emotional distress; and
  • Loss of enjoyment in life.

Call 772-266-5555 to Discuss Your Case with a Florida Brain Injury Attorney

If you or a member of your family sustained a TBI in a motorcycle accident, contact Donaldson & Weston to discuss your case. We’ve represented hundreds of clients in personal injury and wrongful death claims, and we have a track record of success representing brain injury victims. Call 772-266-5555 or fill out our Contact Form to schedule a free consultation with a brain injury lawyer in Florida.