Research shows that a helmet is the single most important piece of safety gear that a motorcyclist can wear. In forceful impacts, though, even riders wearing the most advanced helmets are vulnerable to devastating head injuries.
If you or someone you love sustained brain damage in a motorcycle accident, your family may be entitled to compensation for the associated damages. In order to pursue a payout, though, you’ll have to put together a strong claim.
Let’s take a look at the answers to some of the most frequently asked questions about building such a claim so you know what to expect along the way:
1. How Do You Prove the Severity of a Head Injury?
Proving the extent of your brain damage calls for the same kinds of evidence as proving the severity of any other injuries you sustained. Examples include medical records, diagnostic images, photographs of visible wounds, and deposition from specialists. Journal entries detailing the ways in which your condition is impacting your everyday life and statements from friends, loved ones, and colleagues regarding changes they’ve noticed in your mood, behavior, or demeanor may also help.
2. What Kinds of Damages Should I Be Tracking After the Accident?
In Florida, personal injury claimants may seek compensation for both economic and non-economic damages. These include:
- Medical bills;
- Lost wages and benefits;
- Lost earning capacity;
- Property damage;
- Home care;
- Ongoing rehabilitation;
- Alternative transportation;
- Home and vehicle modifications;
- Domestic help;
- Replacement services;
- Child care;
- Loss of enjoyment in life;
- Emotional distress; and
- Pain and suffering.
If you happen to be married, your spouse may also be entitled to compensation for loss of consortium. This encompasses the loss of sexual relationship, affection, comfort, solace, companionship, fellowship, assistance, and society that he or she has incurred as a result of your head injury.
3. When Should I Call a Personal Injury Lawyer?
If there’s a chance you have grounds for a claim—in other words, if you weren’t wholly to blame for the accident—you should seek counsel as soon as possible. Enlisting help from an attorney right away will give your legal team the chance to gather time-sensitive evidence while it’s still available. Examples include dash cam footage, surveillance recordings, black box data, and eyewitness deposition.
Calling a lawyer promptly will also prevent you from missing any critical filing deadlines should the opposing party prove uncooperative during the settlement negotiations. In Florida, the standard statute of limitations for personal injury lawsuits is four years. Since there are a number of exceptions to this deadline, though, you should talk to an attorney as soon as possible.
Call (954) 880-9500 to Discuss Your Case with a Motorcycle Accident Attorney
At Lubell Rosen, LLC, we understand the physical, emotional, and financial toll that head injuries can have on the whole family. If you or someone you love sustained brain damage in a motorcycle accident, we will help you pursue the compensation you deserve from all responsible parties.
By letting us handle the logistics of your claim, you can focus on more important matters, like your rehabilitation. Call (954) 880-9500 or fill out our Contact Form to schedule a free consultation with a motorcycle accident lawyer.