If you or a loved one owns a motorcycle in Texas, you want to be as safe as possible while on the road. That being said, motorcyclists still have a significantly higher risk of being severely injured in an accident than other vehicle types.
The injuries sustained in a motorcycle wreck are likely to be serious and may have a huge impact on your life and your finances. One of the most serious types of these injuries is traumatic brain injuries (TBIs).
At The Stewart Law Firm, our Austin-based personal injury team has decades of experience helping motorcycle enthusiasts through their recovery and fight for justice. In this blog, our team covers the importance of taking medical and legal steps to provide yourself the best opportunity to move forward with minimal stress after your motorcycle accident.
Brain Injuries in Texas Motorcycle Accidents
Brain injuries are a significant concern in Texas motorcycle accidents, often resulting in life-altering consequences for the victims. Due to the exposed nature of motorcyclists, even a minor collision can lead to brain injuries, which can range from mild concussions to severe brain damage.
Symptoms may not be immediately apparent and can include cognitive impairments, memory loss, mood changes, and physical disabilities. The complexity of brain injuries necessitates immediate medical attention and ongoing care, making them one of the most challenging types of injuries to manage and treat.
In Texas, the legal landscape surrounding motorcycle accidents and brain injuries is intricate, requiring specialized knowledge to navigate effectively. Victims must demonstrate that another party’s negligence caused their injuries to receive compensation. This can involve proving that another driver was at fault due to reckless driving, failure to yield, or other traffic violations. Given the complexity of brain injuries, expert testimony from medical professionals is often essential to substantiate the extent of the injury and its impact on the victim’s life.
The financial burden of a brain injury can be overwhelming, covering everything from emergency medical care to long-term rehabilitation and lost wages. In Texas, victims of motorcycle accidents with brain injuries have the right to seek compensation for these costs, as well as for pain and suffering and diminished quality of life. An experienced attorney can play a crucial role in securing the necessary resources for recovery, ensuring that victims and their families receive the support and compensation they need to move forward.
Here’s are some steps you can expect to take after a brain injury from a motorcycle accident in Texas.
1. You’ll Need to Seek Immediate and Continuous Medical Care
Sometimes brain injuries may happen even though we are unaware of them.
It’s a good idea to see a medical expert immediately following an accident and continue to check in with them as the situation progresses. This is especially true with brain injuries, as you may have a mild brain injury that is at risk of progressing to something more severe without proper care.
Depending on the severity of the injury, you may notice symptoms ranging from a mild headaches to vomiting to trouble sleeping. Professional medical care is always advised in these circumstances. Keep good notes and copies of your receipts. The costs associated with your care and recovery could be taken into account when determining compensation later down the road.
2. You Should Get Motorcycle Repairs
Repairs can be costly, if they are even possible. Many times, the types of motorcycle accidents that result in brain injury cases also result in a totaled vehicle. Keep any receipts and quotes related to this process since your legal team, if you decide to hire one, may want to include those figures in your case valuation.
Even if you are not able to get the vehicle repaired or replaced immediately, an estimate for doing so would still prove helpful.
3. You Should Consider Hiring An Attorney
In Texas, the average settlement for an automobile accident is around $15,000. That figure is around $200,000 in the cases of motorcycle accidents. (Although it’s important to note that every case is unique and no specific settlements are ever guaranteed.) The costly nature of injuries suffered by motorcyclists are the reason for such a big jump in the compensation settlements.
An attorney may prove to be most helpful here. It’s the victim’s responsibility to prove the accident and injury were due to the other person’s negligence, and to show how such negligence led to the injury in question. In some cases, where malice is evident or where the incident was ruled intentional, punitive damages may also be awarded.
The Stewart Law firm offers Texans free consultations 24/7 to help you determine the validity of your brain injury case, and will also work on a contingency basis. This means you do not pay anything unless you win your case!
4. Your Case Will Begin
After hiring an attorney for a brain injury sustained in a motorcycle accident in Texas, the first step involves a comprehensive case evaluation. The attorney will gather all pertinent information, including medical records, accident reports, and witness statements. This process ensures a thorough understanding of the accident’s circumstances and the extent of the injury. The attorney will also coordinate with medical professionals to assess the long-term impacts of the brain injury, which is crucial for determining the appropriate compensation. This phase is critical as it sets the foundation for building a strong case.
Once the initial evaluation is complete, the attorney will begin negotiating with insurance companies. This involves presenting the gathered evidence to support the claim and advocating for a fair settlement that covers medical expenses, lost wages, and other damages. If the insurance company offers an insufficient settlement, the attorney may recommend proceeding to litigation. Throughout this process, the attorney will keep the client informed, ensuring they understand each step and can make informed decisions. The goal is to secure a compensation package that addresses both immediate and future needs arising from the brain injury.
Contact the Stewart Law Firm Today
Brain injuries are unfortunately common, with over 1.5 million occurring every year in the US. If you or a loved one in Texas has suffered a brain injury as a result of a motorcycle accident, you may be entitled to compensation for you and your family.
Our Austin-based team is dedicated to fighting on your behalf. Call us today at (512) 271-5112 to schedule a free case evaluation.
