If you suffered a brain injury during a motorcycle accident, you should never face the future alone. First, seek help from medical professionals who can design a treatment plan to achieve the best possible prognosis. Then, consult a legal professional about a possible injury claim.
An Austin motorcycle accident attorney will fight for the compensation you deserve while you rest, avoid stimulation, and follow your doctor’s orders.
Your motorcycle accident lawyer will develop a strategy and handle your entire case. They will update you regularly, but expect your attorney to handle your case’s large and small details. Never attempt this while dealing with a brain injury.
What a Motorcycle Accident Lawyer Does for Someone with a Brain Injury
A lawyer will fight for fair compensation for a motorcycle accident victim.
This includes:
- Individuals injured during a motorcycle collision
- Those whose loved ones pass away because of accident-related injuries
If your loved one has debilitating injuries and cannot retain their own attorney, you can hire a lawyer on their behalf.
Motorcycle accident lawyers take insurance claims and lawsuits off their clients’ hands, assisting them by:
Protecting the Client from Rights Violations
An attorney immediately assumes leadership of their client’s case, including leading communications.
By dealing with insurers, civil defense attorneys, and others involved in the case, the motorcycle accident ensures that nobody can:
- Convince the client to give an on-the-record statement (as it may be against the client’s interest to do so)
- Convince the client to accept fault for the accident
- Directly offer the client a lowball settlement
- Pressure the client to accept a lowball settlement
Insurance companies prioritize their financial interests, and sometimes that means violating others’ rights. Hiring a lawyer ensures the safety of your rights and, by extension, the viability of your case.
Providing a Detailed Case Strategy
Attorneys must tailor their case strategy to the client’s unique circumstances. For instance, a client with relatively minor injuries can secure fair compensation through insurance. Conversely, a client with a severe brain injury may need to sue liable parties to cover lifelong damages.
Your lawyer should provide an overview of:
- The way they will seek compensation for you (with insurance claims and lawsuits being the two primary methods)
- The amount of compensation they will seek for you
- What they will do if their initial plan is not successful
Your lawyer may first seek compensation from insurers. If the insurance company refuses to settle fairly, your lawyer may file a lawsuit.
Gathering Evidence Related to the Motorcycle Accident
Your lawyer will waste no time in seeking evidence from the motorcycle accident, possibly including:
- Witness accounts of the accident
- The police report documenting the collision
- Photographs of the collision scene, including damage to vehicles
- Video footage of the accident (or events leading to the accident, such as a motorist speeding or driving erratically)
Authorities note that motorists often fail to notice motorcyclists, and their inattentiveness causes serious accidents. When your lawyer gathers evidence, they will look specifically for proof that another party (such as a distracted motorist) caused the collision.
Documenting the Client’s Accident-Related Damages
A lawyer must do more than simply identify different damages to build the strongest case possible.
The lawyer must also secure solid proof of their client’s accident-related damages, which may include:
- Photographs of injuries
- Medical images of injurie
- A doctor’s written diagnosis of your injuries
- A doctor’s written explanation of your care needs
- Medical bills
- Employment records indicating how much income you have lost after the accident
- A mental health expert’s diagnosis of your pain and suffering (and treatment recommendations)
- Invoices for motorcycle repairs and other property expenses
Having a lawyer document your damages means you won’t have to face the fallout from your accident. This may spare you from stress and trauma that you will be wise to avoid.
Calculating the Individual and Total Cost of Accident-Related Damages
The cost of a motorcycle accident tends to increase along with the severity of one’s injuries. Your lawyer will total your economic and non-economic damages to determine exactly how much money the liable parties owe you.
Negotiating a Settlement
Knowing how much money you deserve, your lawyer can demand that money from liable parties.
Your lawyer will present all relevant evidence, testimony, and calculations during negotiations. Most cases settle, but your lawyer will not advise you to settle for any less than you deserve.
Going to Trial (If Necessary)
A motorcycle accident lawyer should always go to trial when it is the best decision for their client. If your lawyer cannot conceive liable parties to offer a fair settlement, they may take your case to court.
Always Being Available for Their Client
A lawyer also serves their client by:
- Providing direct means of communication (including the lawyer’s phone number)
- Ensuring the client knows everything they must know to position a case for success
- Providing frequent case updates
- Addressing the client’s questions and concerns as immediately as possible
Communication and access are two features that define great law firms. When seeking a lawyer, consider what forms clients say about a firm’s communication.
Why Those with Brain Injuries Should Hire an Attorney
While any motorcycle accident victim might hire a lawyer, those with brain injuries may need to rely on an attorney because:
- Brain injuries can affect your cognitive abilities, possibly making it difficult to recall, think clearly, organize complex information in your head, or function at the cognitive level you normally do
- Brain injuries can require expensive medical care, and you may feel a lawyer is most qualified to secure the compensation you need
- Brain injuries can cause permanent symptoms, meaning you may be unable to conduct even basic everyday tasks, let alone initiate an insurance claim
You may also risk worsening your injury or symptoms if you don’t focus on rest and recovery. The stress and cognitive demands of a brain injury case may overwhelm you.
The Effects of a Brain Injury Can Make It Very Difficult to Manage a Lawsuit or Claim
The debilitating symptoms of of traumatic brain injuries may include:
- Persistent headaches
- Mood and personality changes
- Vision problems
- Ear ringing
- Dizziness
- Fatigue
- Permanent brain damage
These and other symptoms are notable because they underscore:
- Why you may need a lawyer to handle the demands of your claim or lawsuit
- Why you may need significant compensation to cover medical bills, lost income, caregiver costs, and other damages
Never dismiss a brain injury as minor. Don’t assume that an insurance company will pay for your brain injury, either. Hire an attorney who will fight for the compensation you deserve while you focus on recovery.
My Brain Injury Is Costly. Can I Afford to Hire a Lawyer?
Every motorcycle accident victim can afford a lawyer. Attorneys understand that many accident victims lack the money to pay an hourly rate, so lawyers offer an agreement known as a contingency fee.
When you agree to pay a lawyer a contingency fee, you:
- Accept that the law firm will pay the entire upfront cost of completing your case.
- Agree to pay the law firm a portion of any settlement or verdict they secure for you.
- Do not pay any money to the law firm out of your own pocket.
- Recognize that the law firm is taking the financial risk and that the firm has a significant financial incentive to secure money for you.
If a law firm accepts your motorcycle accident case, it believes its lawyers can win the case. Otherwise, the law firm will take an unacceptable financial risk by agreeing to represent you.
How Can I Find a Motorcycle Accident Lawyer?
There are a few ways to find a capable motorcycle accident lawyer, including:
- The Internet: Perhaps the most common means of finding a lawyer, the Internet allows you to research a firm’s case results, client testimonials, and practice areas. Search “motorcycle accident lawyer in my area” as a starting point.
- Friends and family: If you trust your friends and family and they have used a personal injury lawyer before, you may ask them whether they were satisfied with their lawyer. If they were, you may vet the law firm and give weight to the recommendation.
- Local advertisements: If a motorcycle accident lawyer advertises in your area, you at least know that they service your geographic location. Their ad signals a willingness to take on new clients.
Once you identify law firms that can lead your case, you must know how to narrow down your candidates to a single law firm.
How Do I Find a Lawyer Qualified to Lead My Case?
As you research motorcycle accident lawyers (and the firms that employ them), consider:
- What former clients say about the law firm: You should consider positive and negative reviews as you form your opinion of a law firm.
- Whether the firm publishes case results (and what those results indicate): The more impressive case results the firm has for clients like you, the more trust you may put in that firm.
- Whether the firm lists motorcycle accidents as a primary practice area: If a law firm does not obviously handle motorcycle accident cases, you may find another law firm that does.
- Whether you get a positive feeling (and straight answers) during your free consultation: Don’t forget to consider your instincts when choosing between potential law firms.
Your lawyer will be solely responsible for securing the compensation you need and deserve. Choose wisely.
What Damages Will My Brain Injury Attorney Seek Compensation For?
Brain injuries vary in their severity and permanence, but most people who suffer a brain injury will experience:
Healthcare Costs
Your attorney will determine the cost of diagnosing and treating your brain injury. They will review your existing medical bills, consult your doctors, and determine what care you will need in the future.
If a brain injury causes lifelong symptoms, your lawyer will project your medical costs well into the future.
Motorcycle Repairs and Other Property Expenses
Liable parties (or their insurer) must pay to repair or replace your motorcycle. If you have other damaged property, need temporary transportation, or have any other property costs, your lawyer will include them in your case.
Professional Harm (Including Lost Income)
Professional harm from a motorcycle accident may include:
- Lost income
- Diminished earning power
- Lost bonuses and promotion opportunities
- Lost benefits
- Loss of the fulfillment you receive from working
The longer you cannot work, the more expensive your professional damages.
Pain and Suffering (Including Related Treatment Costs)
Your lawyer will consider physical pain, lost quality of life, depression, anxiety, and other forms of pain and suffering resulting from your motorcycle accident. They will also value the cost of treatment for these kinds of conditions.
If a loved one passes away because of a brain injury, a lawyer can lead a wrongful death case on your behalf.
A fatal motorcycle accident case may involve many life-altering damages, which may include:
- Funeral expenses
- Burial or cremation costs
- Your pain and suffering
- The decedent’s pain and suffering
- Loss of consortium
- Loss of the decedent’s household contributions
- Loss of the decedent’s income
Medical care, vehicle repairs, and other accident-related expenses may also fall to you. Your lawyer will include both economic and non-economic damages in your wrongful death case.
Do Not Wait Any Longer to Hire Your Motorcycle Accident Lawyer
While hiring a personal injury lawyer is a decision not to take lightly, it is also time-sensitive. Your lawyer must gather evidence and file your case in a timely manner. Otherwise, you may lose the right to file a motorcycle accident case.
Research motorcycle accident lawyers in your area and hire one as soon as possible.
