Concussion due to Motorcycle Accident
Although riding a motorcycle can be exhilarating, it’s also far riskier than driving down the road in a passenger vehicle. According to the National Highway Traffic Safety Administration (NHTSA), greater than 80 percent of motorcyclists who get in an accident are killed or injured. A helmet is often the only protection a rider wears, and even that limited protection isn’t always effective, as 54 percent of all motorcycle accident fatalities are caused by traumatic brain injury.
Motorcycle accident victims who only suffer a concussion might consider themselves lucky considering the alternatives. However, concussions are serious injuries. In fact, they are sometimes referred to as mild traumatic brain injuries. People who do not take a concussion seriously and seek medical treatment Increase their risk of serious long-term impairment.
The cognitive impairments caused by a concussion could lead to loss of employment, strain on personal relationships, and increased financial burden. In addition to seeking medical treatment for their injuries, people who have suffered a concussion due to a motorcycle accident should also seek legal counsel and potentially pursue compensation.
Concussions Are Common Accident Injuries in Kansas
Because concussions are serious medical and legal situations, it’s important to have a good understanding of them. Concussions are the most common type of brain injury, but even minor ones require immediate medical attention. The nature of this type of brain injury is still being researched, partly due to how common it is in contact sports like football. Current medical research indicates a concussion can lead to, or be a sign of, a more serious medical situation, such as:
- Long-term concussion symptoms
- Cerebral swelling
- Chronic traumatic encephalopathy (CTE)
- Epilepsy
- Depression
- Anxiety
- Behavioral changes
While most people recover from mild concussions with rest, it’s always a good idea to seek medical attention in these situations, especially if you have suffered a concussion due to a motorcycle accident.
What Are the Symptoms of a Concussion?
A blow to the head never feels good. So how do you know when head trauma caused a concussion? Although a loss of consciousness is a well-known sign of concussion, it is possible to suffer a concussion and not lose consciousness.
The Centers for Disease Control and Prevention classify concussion signs and symptoms based on whether they are observed or reported. If someone has suffered head trauma, they should be observed for the following signs of concussion:
- Inability to recall immediate events
- Stunned or dazed look
- Confusion
- Awkward movements
- Slow responses to questions
- Personality or mood changes
- Loss of consciousness
According to the CDC, someone who has suffered a head trauma may have a concussion if they report any of the following symptoms:
- Headache
- Nausea or vomiting
- A sensation of pressure inside the head
- Sensitivity to noise or light
- Feeling sluggish or foggy
- Feeling confused
- Unable to concentrate
- Unable to remember
- Not “feeling right”
These indications generally appear soon after a motorcycle accident. However, it’s also possible for these indications to appear hours or days after the accident. For example, someone who suffered a concussion due to a motorcycle accident may feel a bit woozy at first but not remember the accident happened a few hours later.
If you suspect someone has suffered a concussion due to a motorcycle accident but the signs aren’t obvious, make sure they seek medical attention and are kept under observation for several days afterward. If their condition starts to deteriorate, get them medical attention right away.
How Can I Tell If My Concussion Is Mild or Severe?
If you think you have suffered a concussion due to a motorcycle accident, the best way to understand the seriousness of the concussion is to seek medical attention. A doctor can perform tests to determine if a concussion is actually a serious brain injury. These tests include physical exams, MRIs, and CT scans.
Tests are often based on whether you suffered an open-head or a closed-head injury. Open-head injuries involve cuts to the head or skull damage, while closed-head injuries do not have any of these signs. The latter can be more dangerous because a brain injury isn’t immediately apparent. If a closed-head injury goes undetected and fluid builds up inside the skull, it can put pressure on the brain, leading to serious injuries and possibly death.
Medical tests can be used to develop a treatment plan that might involve resting or short-term observation in a medical facility. If your doctor prescribes rest to treat a mild concussion due to a motorcycle accident, you should avoid any mental or physical activity that feels strenuous. If you have a more severe injury, treatment could involve surgery to remove blood clots or relieve pressure inside the skull.
Proving a Concussion Claim in Court
If you have racked up serious medical bills or lost your ability to work after suffering a concussion due to a motorcycle accident, you may be entitled to compensation. One of the most important steps on the path to recovering compensation is proving you suffered a concussion and serious brain injury.
This requires test results and medical records indicating that you suffered a brain injury. It could also require statements or testimony from the doctor who diagnosed you with a brain injury or a medical expert who specializes in brain injuries. Our experienced motorcycle accident attorneys can help you collect evidence, and we can connect with medical experts to support your claim for compensation.
Recovering compensation after suffering a concussion due to a motorcycle accident requires proving four main factors.
- First, you must prove that the other party had a responsibility to exercise care. In this situation, drivers have a responsibility to look out for motorcyclists and other vehicles on the road.
- Second, you must prove that the other party failed in this responsibility, possibly by driving recklessly or speeding.
- Third, you need to prove that the other party’s actions are the direct cause of the injuries that you suffered. Our motorcycle accident attorneys have significant experience making the connection between negligent actions and the injuries and damages that were suffered.
- Fourth, you need to prove that you suffered compensable damages. If you suffered a very mild concussion that did not cost or affect your health in any way, you will have a difficult time recovering compensation.
It’s important to note that proving a concussion and brain injury is much more difficult if you do not seek medical attention. Not only is avoiding medical treatment dangerous after suffering a concussion, but it also makes it more difficult to prove you suffered injuries without medical records and test results. This lack of evidence could cause your claim to fall apart and seriously impair your ability to recover the compensation that you need.
What Is a Concussion Injury Claim Worth in Kansas?
If you were involved in a motorcycle accident in Kansas, you can file a personal injury claim against parties you believe are at fault for causing the accident in an attempt to recover compensation.
The amount of compensation that you can recover will vary widely and largely depends on the injuries and damages that you suffered. There is no magic formula for calculating the value of a claim, but it is usually based on factors like medical bills, lost wages, permanent disability, and emotional trauma. Compensation for serious brain injuries can be tricky because the effects of head trauma can be hidden, and they may not appear until long after the accident. If new symptoms do appear, accident victims may be able to pursue additional compensation.
Sadly, the injuries suffered from head trauma can be devastating and costly. Victims may require long-term nursing care and be completely unable to earn a living after an accident. Depending on the age of the victim, losses could add up to hundreds of thousands of dollars or more over the course of their lifetime.
In Kansas, accident victims must first seek compensation through the insurance companies. While insurance companies do have responsibility to pay for your losses and expenses, they are motivated to pay out as little as possible. It’s common for insurance companies to make lowball offers and then move to offer a quick settlement if a victim pursues further legal action.
Our experienced motorcycle accident attorneys can help you pursue compensation for a serious concussion due to a motorcycle accident. We understand how insurance companies work and attempt to minimize the injuries suffered by victims. Our experienced attorneys also understand how at-fault parties try to shift the blame toward the motorcyclist. We can protect you from these bad-faith practices and help you seek any compensation to which you are legally entitled.
Let Our Experienced Legal Team Fight for Your Concussion Claim
At Bretz Injury Law, our attorneys have extensive experience working with motorcycle accidents and concussion claims. We can help you pursue a claim after your own accident or the fatal motorcycle accident of a loved one. We’ve also seen all kinds of motorcycle accidents, from sideswipes to crashes at intersections. Please contact us today by calling 620.RESULTS to find out how our experienced attorneys will fight for your claim to get you the compensation that you need.
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