The Real Cost of Traumatic Brain Injuries in Motorcycle Accidents
Motorcycle accidents can lead to devastating injuries; among the most severe are traumatic brain injuries (TBIs). The financial, emotional, and physical toll on victims and their families can be overwhelming. At DJC Law, we understand that these cases are about more than just medical bills—they are about ensuring long-term stability and justice for those affected.
DJC Law is not afraid to trial when the insurance company fails to make a fair settlement offer. Our law firm holds an incredible 99 percent success rate in winning cases in court. We fight aggressively to secure full and fair compensation, ensuring our clients are not pressured into accepting an inadequate insurance settlement they will later regret as it fails to meet the true costs associated with the injuries.
The Far-Reaching Costs of a Traumatic Brain Injury
A traumatic brain injury can create a lifetime of expenses, which may include the following:
- Medical expenses: This includes emergency treatment, surgeries, hospital stays, medications, rehabilitation, and in-home nursing care.
- Lost income and earning potential: Many TBI victims cannot return to their former jobs or become unemployable, resulting in extreme financial losses in the years ahead.
- Home and lifestyle modifications: Wheelchair ramps, accessible vehicles, and adaptive technology for daily living require careful consideration and financing.
- Ongoing therapy and counseling: Cognitive and physical therapy may be required to return the victim to self-sufficiency.
- Pain and suffering: Reduced quality of life, emotional trauma, and loss of enjoyment of daily activities can take a toll on the individual and their loved ones.
To illustrate just how significant these costs can be, let’s examine a real-world scenario.
Case Example: The Lifetime Costs of a Severe TBI
Consider a 25-year-old man, Mark, who sustains a severe TBI and paralysis following a motorcycle accident. He earned $50,000 per year as a construction worker before the crash. His financial damages could include:
- Immediate medical costs: $500,000 for emergency surgery, ICU care, and initial hospitalization.
- Rehabilitation and long-term care: $100,000 per year for physical therapy, home health aides, and adaptive living modifications as Mark can no longer walk stably.
- Lost wages and earning potential: With 40 working years ahead, he could lose approximately $2 million in earnings.
- Vocational training: $20,000 for new job training if Mark can learn new skills to be employed. He can no longer work in construction.
- Pain and suffering and emotional distress: Jury awards and settlements often account for the victim’s diminished quality of life, potentially reaching into the millions.
- Loss of consortium: If Mark had recently married at the time of the accident, it would impact on the support and companionship available to his spouse. While this loss is difficult to put into numbers, additional damages may be awarded at the discretion of the judge and jury.
When factoring in these expenses, economic experts could estimate Mark’s total damages at $4 million to $8 million over his lifetime. All cases are unique and decided on their merits and the ability of the TBI motorcycle accident attorney to present the facts. DJC Law works with top financial analysts and medical experts to ensure every cost is accounted for in settlement negotiations or at trial.
Can I Sue for a Traumatic Brain Injury After a Motorcycle Accident?
Yes, you can sue if another party’s negligence caused your traumatic brain injury (TBI). To file a successful claim, you must prove that the other party was at fault and that their negligence directly led to your injury. DJC Law specializes in proving negligence in complex cases, gathering critical evidence such as accident reports, witness statements, traffic camera footage, and expert testimony to build a strong case.
When are Punitive Damages Awarded?
In rare cases, punitive damages may be awarded when a defendant’s conduct was grossly negligent or willfully reckless under Texas Civil Practice & Remedies Code § 41.003. The law’s criteria must be met for punitive damages to be granted, which not only compensates the victim but also seeks to deter egregious behavior.
Texas Law on Negligence
Texas follows a modified comparative negligence rule under Texas Civil Practice & Remedies Code §33.001, meaning that you can still recover damages if you are less than 51% at fault for the accident. Your compensation will be reduced by your percentage of fault. An experienced personal injury lawyer will ensure the insurance company does not unfairly blame you, as this could reduce your payout.
Who Is Liable for a TBI After a Motorcycle Crash?
Liability for a TBI in a motorcycle crash depends on the cause of the accident. Potentially liable parties include:
- Negligent drivers: If a car or truck driver caused the crash by speeding, failing to yield, or engaging in distracted driving, they could be liable.
- Commercial trucking companies: If a semi-truck was involved, the company may be liable for failing to train drivers, violating federal safety regulations, or forcing drivers to work excessive hours.
- Manufacturers of defective parts: If a motorcycle’s brakes, tires, or helmet failed due to a manufacturing defect, the company responsible for producing the faulty equipment could be held accountable.
- Government entities: If the accident was caused by unsafe road conditions, missing traffic signs, or poor highway maintenance, a government agency could be liable.
What Should I Do If My Insurance Company Offers a Low Settlement for My TBI?
Insurance companies often try to settle TBI claims quickly and for far less than the victim’s needs. They may argue that:
- Your injuries are not as severe as you claim
- Pre-existing conditions contributed to your symptoms
- You were partially at fault for the accident
- The treatment you’re receiving is unnecessary or excessive
If you receive a low settlement offer, do not accept it without speaking to a lawyer. Accepting a settlement will include waiving your right to pursue further compensation, even if you later discover that your medical bills and lost wages are much higher than expected.
Why You Need a Trial-Ready Law Firm
Insurance companies are notorious for offering far less than a case is worth. They may try to downplay the long-term financial burden of a traumatic brain injury and push a quick, inadequate settlement. At DJC Law, we refuse to let this happen.
- 99 Percent success rate at trial: Unlike many firms that avoid the courtroom, we relish the opportunity to fight for full compensation; we win 99 percent of the time.
- Expert witnesses: We work with medical professionals, economists, and life-care planners to ensure an accurate valuation of damages.
- Compassionate representation: We understand these cases’ emotional toll and provide solid representation to our clients and their loved ones. We have families, too, so it is easy to see ourselves in your shoes. Our law firm is all about real people helping real people; we work hard because we care.
We Don’t Back Down: Neither Should You
If you or a loved one has suffered a traumatic brain injury in a motorcycle accident, you need a law firm that will not back down. At DJC Law, we are committed to ensuring you receive the full compensation you deserve. Don’t let the insurance company dictate your future. Call today for a free case consultation at 888-853-8169.
