If someone has caused a motorcycle accident that resulted in a brain injury, you may recover compensation for medical care, lost income, reduced future earning capacity, and the effects of your injury on everyday life, depending on the evidence. At Motorcycle Safety Lawyers®, we will assist injured motorcyclists and/or their family members with filing lawsuits for injuries sustained from accidents involving motorcycles throughout Illinois.
The memory loss, headaches, etc., associated with a TBI (Traumatic Brain Injury) can make dealing with an insurance company’s calls and paperwork very difficult. We can discuss the options you have legally, regardless of whether you are seeking assistance on your behalf or while still in the hospital.
Have You Been Injured in a Motorcycle Accident?
If you need a motorcycle accident lawyer, talk to an experienced lawyer who’s been helping injured bikers for over 40 years.
Who Can Pursue a Motorcycle Accident Brain Injury Claim?
If you have been injured in a bicycle crash due to someone else’s actions (negligence), you may have a personal injury claim. Negligence occurs when a driver fails to act reasonably (e.g., turning into your path without yielding; making an unsafe entrance to their own lane). Both riders and passengers can file for damages.
A simple injury does not establish that there was negligence. A negligence claim requires proof that the defendant owed you a duty of care, breached that duty, and proximately caused your injuries and resulting losses.
You may still recover compensation if you were partly responsible, provided your share of fault does not exceed 50%; your compensation is reduced by that share. In Illinois, a comparative fault law exists. This allows for the amount of damages awarded in a case to be reduced by the plaintiff’s percentage of fault. In an Illinois negligence claim, you cannot recover damages if your share of fault is more than 50%. Evidence of how the accident occurred is very valuable in disputes over issues like speed, visibility, and lane position.
Brain Swelling and Other Head Injuries Need Medical Attention
A TBI caused by a motorcycle accident includes a variety of injuries such as concussion, bruising of brain tissue, blood accumulation in the cranial cavity, and damage to nerve fibers. A TBI can be caused by a forceful blow to the head that causes a noticeable “bump” but no apparent open wound. In order for the doctor to diagnose and most likely treat the injury properly, he/she will have to evaluate the patient medically.
Brain Swelling After a Motorcycle Accident
Cerebral Edema, commonly known as a swollen head due to increased intracranial pressure, which could potentially cause damage to the brain cells, is another potential consequence of a motorcycle crash. Although cerebral edema and bleeding are two different issues, they can both result from the same type of motorcycle crash. The course of treatment depends upon the severity of the injury; it may consist of close observation with medication and/or surgical procedures that attempt to relieve intracranial pressure.
You don’t have to know what your loved one’s chances of recovering might be when asking about seeking legal assistance if your loved one is currently being treated for a TBI. To prepare your own file, gather all paperwork associated with the hospital discharge, provider names who are treating your loved one, and insurance company documentation during their time of recovery.
Changes That Continue After Hospital Discharge
The effects of a concussion may result in changes such as an ability to focus, remember things, sleep, mood, or maintain balance. In addition, some concussion-related symptoms may take hours or several days to develop. It is necessary to inform your medical provider regarding any new or ongoing issues, regardless of how positive your initial evaluation was.
In terms of making a claim, it is helpful to explain the actual impact (i.e., missed medications, difficulty completing tasks you have performed many times before, need for assistance scheduling appointments) that resulted from the concussion instead of self-diagnosing.
Proving Changes That Other People Cannot See
Although you appear to be in good health, a brain injury resulting from an automobile accident could severely limit your ability to work or support yourself in other ways. Therefore, your claim will need to detail how those limits are connected to the motorcycle accident and demonstrate why they should be taken into consideration. Emergency room bills show what was spent on medical care; however, they do not provide much insight as to why you cannot continue working at the same level of productivity that existed prior to the motorcycle accident.
Evidence showing the extent of your limitations includes:
Documentation from emergency services (e.g., ER visits) documenting your visit, including any neurological examination(s), and/or imaging report(s).
When medically reasonable, documentation of cognitive testing and evaluation of your rehabilitation progress.
Documentation of medical restriction(s), documentation of days absent from work or reduction in job duties.
Documentation of changes in physical capabilities prior to the motorcycle collision versus now, as reported by individuals who were knowledgeable of your functional status prior to the collision.
Documentation of the date(s) of first onset of symptoms and/or need for assistance; along with documentation of the costs associated with obtaining treatment.
Insurers often will challenge whether symptoms developed from the accident, if they were in existence prior to the accident, and if ongoing treatment continues to be medically required. Consistent documentation of your medical history and timely updates to your healthcare providers regarding both past and current symptomatology will assist in resolving these issues.
Representation by an attorney can be very beneficial for individuals with uncertain prognoses who have experienced a disputed liability claim, as well as those experiencing cognitive impairment, which could limit their ability to communicate with an insurance company.
The role of an attorney includes investigating the circumstances surrounding the collision, requesting relevant medical records, evaluating available coverage options, and providing evidence of all losses sustained by you during settlement negotiation or litigation. We can discuss your potential use of representation prior to making an initial offer to settle on your behalf.
Compensation Should Account for Life Beyond the Hospital
A settlement evaluation should consider your supported financial and personal losses, along with liability disputes and available insurance. Recoverable damages could potentially include past and future medical bills, any required caregiving, lost wages due to inability to work, as well as pain and suffering (emotional) distress from the accident and any resulting disability or loss of a normal lifestyle.
Future Care and Reduced Ability to Work
Doctors’ expectations of continual limitation(s) require careful consideration in addressing future needs. Costs related to such needs may include rehabilitation, assistance at home, and supervisory requirements for the individual’s safety. In addition to these types of costs, the injured individual will also need to address reduced earning capability due to the injury, regardless of whether they are able to return to work in some form.
In addition to being aware of the current costs related to treating your injury, the potential long-term future needs related to your injury also require consideration. If your physicians have indicated that you will likely continue to experience limitations due to your injury, then future needs should receive special attention. Potential future costs could include ongoing rehabilitation services, additional assistance required while living at home, and continued supervision required to ensure your own safety. Reduced earning capacity relates to how your injury has impacted your ability to generate income in the future, regardless of whether you are able to return to some type of employment.
Evaluating a Settlement Offer
It may be helpful for riders to create a “life care plan.” This type of plan can assist in organizing what your medically supported needs are and what those needs will likely cost you.
Documentation of previous employment records and vocational evaluations may also provide an explanation as to why a rider who had been capable of managing physically demanding work schedules is no longer able to do so. It is essential that these types of evaluations be developed using information about your situation versus simply relying on assumptions made solely based upon your diagnosis.
Illinois Filing Deadlines Require Early Attention
Typically, most Illinois personal injury claims can only be brought as a lawsuit no later than TWO YEARS from when your claim accrued; generally, this is the date of the accident in an average vehicle collision. Treatment being ongoing will likely NOT extend the filing timeframe.
There are some exceptions to how you’ll determine the filing deadline. Injury lawsuits against local public entities or their employees generally have a one-year deadline, while claims against the State of Illinois follow separate filing and notice rules. Different immunity rules apply to state and local government defendants, so identifying the responsible entity is important to determining where and whether a claim can proceed.
Special deadline rules may apply to minors and people with a qualifying legal disability, but a brain injury diagnosis alone does not establish that an extension applies. However, simply receiving a diagnosis of a Traumatic Brain Injury (TBI) does not automatically place you into either category. Consult a qualified attorney to review your situation. It would be wise to consult with an attorney regarding the potential statute of limitations soon, regardless of whether medical professionals continue to assess your ability to recover.
Steps That Help Protect Your Claim During Recovery
After your immediate medical needs are met, there are some practical things that you can do to reduce the amount of time it takes for you and/or your family to recover from the accident:
Follow all medical treatment recommendations; document changes and provide explanation(s) if you experience difficulty in keeping scheduled appointment(s) or understanding treatment recommendations.
Protect the motorcycle and all associated equipment. Document the damage (photographs). Discuss evidence protection prior to repair, disposal, or sale of any salvage.
Document all information related to the crash. Include, but not limited to, photographs, witness statements, etc., and obtain the report number assigned by the investigating agency. If no officer is present at an injury crash, the driver must notify the appropriate police agency by the fastest available means; a capable passenger must do so if the driver is physically unable.
Log the help you require. Keep track of the assistance received with regard to: transportation; meal preparation; scheduling of appointment(s); supervising children/adults, etc.; and household chores.
Carefully review insurance company request forms. Notify your insurer promptly and follow your policy’s notice and cooperation requirements, because an unreasonable delay can jeopardize coverage. Seek counsel before providing a recorded statement to the other party’s insurance company or signing any type of settlement release.
If your injuries prevent you from performing these functions, someone you trust may assist in organizing this documentation. We do not require a completed file at this time. Please contact us with what you currently have, and we will help determine what additional information may be required.
Have You Been Injured in a Motorcycle Accident?
If you need a motorcycle accident lawyer, talk to an experienced lawyer who’s been helping injured bikers for over 40 years.
What Lawyer Can Help Me Sue After a Serious Brain Injury From a Motorcycle Accident in Illinois?
You are looking for a motorcycle accident injury attorney in Illinois. The attorney should be able to demonstrate their ability to obtain compensation based upon medical evidence, anticipated future care, and liability issues. Also ask who will represent you and how attorneys’ fees and Case costs will be handled. Motorcycle Safety Lawyers® represents injured riders and offers a free consultation to discuss whether we can help with your claim.
Can I Have a Concussion Claim if My CT Scan Was Normal?
Yes, just because your CT scan was fine, it doesn’t mean you don’t have a concussion claim or that there is no value to your claim. What matters most is what evidence exists about your injuries through your medical evaluation, symptoms, and changes in function due to your injuries, and how those injuries occurred as a result of the motorcycle wreck.
Can I Recover Compensation if I Was Not Wearing a Helmet?
Yes, you may still recover compensation; not wearing a helmet does not automatically prevent an Illinois motorcycle injury claim. While helmet use is recommended when riding a motorcycle, helmets are optional. Therefore, failure to wear a helmet does not automatically bar your Illinois injury claim. Not wearing a helmet does not by itself prevent a claim, but recovery still depends on proving liability and damages and applying Illinois comparative fault rules.
What if the Driver Has Little or No Insurance?
Depending on the details of your automobile insurance policy and the specific circumstances of your case, you may still be entitled to recover money from the uninsured/underinsured motorist portion of your auto insurance policy.
Can a Family Member Handle the Case if the Rider Cannot Make Decisions?
While someone you trust can certainly reach out to our office and assist us in gathering all necessary documentation regarding your loved one’s motorcycle accident, this does not give them automatic authority to make decisions on behalf of your loved one. If the rider cannot make legal decisions, we can determine whether an existing power of attorney authorizes handling the claim or whether a court-appointed guardian and court approval are needed.
Talk With Motorcycle Safety Lawyers®
We can discuss the crash that occurred to cause your injuries, the problems you are currently facing, and your options for seeking compensation for those problems.
Contact us or call for a free consultation about a motorcycle accident brain injury claim. If you are calling on behalf of an injured family member who needs assistance now, let us know what help they need.
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