The moments after a motorcycle crash are a blur of pain, confusion, and chaos. As you're loaded into the ambulance, you may not even realize the severity of your injuries. It's only in the following days, as the headaches persist, your thoughts remain muddled, and your personality seems to shift, that the reality of a traumatic brain injury sets in.
Brain injuries from motorcycle accidents can have profound, life-altering consequences. At Dulaney, Lauer & Thomas, our Virginia brain injury attorneys understand the unique challenges these claims present. We're here to guide you through the process and fight for the resources you need to rebuild your life.
Gather Critical Evidence
Evidence forms the foundation of any successful motorcycle accident claim, but it's especially crucial in cases involving brain injuries. Significant evidence may include:
- Accident scene photos. Images of the crash site, vehicle damage, and visible injuries can help establish the severity of the impact.
- Witness statements. Testimony from eyewitnesses who saw the crash occur can provide valuable insight into how the accident unfolded and who was at fault..
- Police reports. The responding officer's accident report may contain important details about the crash.
- Medical records. Keep copies of all diagnostic tests, neurological exams, cognitive assessments, and treatment records related to your injury.
- Expert analysis. In complex cases, your attorney may work with accident reconstruction specialists, medical experts, and other professionals to build a stronger case for causation and damages.
Act quickly to preserve valuable evidence before it disappears. The sooner you involve a skilled Virginia brain injury attorney, the better your chances of securing vital evidence before it's lost or destroyed.
Know the Deadlines
In Virginia, the statute of limitations for most motorcycle accident injury claims is two years from the date of the crash. However, the "discovery rule" may extend this deadline for brain injury cases, as the symptoms can take time to fully manifest.
While this provides some flexibility, it's still essential to act promptly. If you miss the statute of limitations, you risk losing your right to pursue compensation entirely. Consult a skilled brain injury attorney as soon as possible to protect your legal rights.
Document Your Impairments
Proving the extent of your damages is critical for maximizing your compensation. Document how the injury has affected your cognitive abilities, emotional well-being, and daily functioning. Many brain injury symptoms go unnoticed by others, which can make it challenging to convey the true extent of your losses to an insurance adjuster or jury.
To build a strong case for damages, your Virginia brain injury attorney will gather documentation such as:
- Neuropsychological evaluations showing cognitive and behavioral changes
- Medical prognoses outlining your expected recovery and future care needs
- Educational and occupational records demonstrating the impact on your ability to work and learn
- Journal entries detailing your day-to-day struggles and experiences
- Statements from loved ones about the changes they've observed in your functioning and relationships
Calculate Your Damages
Motorcycle accident brain injury claims often involve substantial damages due to the profound, long-lasting impact these injuries can have on every aspect of your life. In Virginia, you may be entitled to compensation for:
- Medical expenses. Costs related to your brain injury treatment, including emergency care, hospitalization, surgery, medication, rehabilitation, and medical equipment.
- Future medical needs. Your attorney can work with medical experts to estimate the cost of your future treatment needs and pursue compensation accordingly.
- Lost wages. If your brain injury prevents you from working, you can seek compensation for the income you've lost during your recovery.
- Reduced earning capacity. If you can't return to your previous job or must take a lower-paying position due to cognitive impairments, you may be entitled to compensation for the difference in your earning potential.
- Pain and suffering. Brain injuries can cause immense physical pain, emotional anguish, and mental distress. Virginia law allows you to seek compensation for these intangible losses.
- Loss of enjoyment. If your brain injury robs you of the ability to participate in hobbies, social activities, and other pursuits you once enjoyed, you may be able to recover damages for this loss.
Understand Insurance Company Tactics
When you're recovering from a motorcycle accident brain injury, dealing with the insurance company can feel like an uphill battle. Insurance adjusters are trained to protect their bottom line, which often means using tactics to minimize, delay, or deny valid injury claims. The insurance company may:
- Request unnecessary information. Adjusters may ask for extensive documentation, including records that have little relevance to your claim, in an attempt to overwhelm you and find reasons to dispute your injury.
- Offer a quick lowball settlement. The insurance company may pressure you to accept a fast settlement before you understand the full extent of your brain injury and future medical needs. These offers are almost always far less than you deserve.
- Shift blame for the accident. If liability is unclear, the adjuster may try to argue that you caused or contributed to the crash, even if you were obeying traffic laws and wearing a helmet.
- Argue your injuries are exaggerated. Insurance companies are skeptical of "invisible" injuries like brain damage. They may claim your cognitive impairments are exaggerated or unrelated to the wreck.
- Twist your words. Adjusters may ask leading questions or take your statements out of context to undermine your credibility and weaken your claim.
An experienced Virginia brain injury attorney can help you overcome these tactics.
Get the Help You Need
At Dulaney, Lauer & Thomas, we understand the life-altering impact of motorcycle accident brain injuries. We’re here to handle all communications with the insurer on your behalf, meticulously prepare your case, and fight relentlessly for the maximum compensation you're owed. With our skilled legal representation, you can focus on your health and recovery while we handle the legal heavy lifting.