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While a motorcycle accident can occur in an instant, the permanent effects of the pain and impact on everyday life leave you struggling to remain employed, pay your bills, and even walk. You may well wonder how you can best recover from your motorcycle crash—physically and financially.
A San Diego motorcycle accident lawyer can help you understand what you’re facing and how to pursue compensation when someone else caused your motorcycle crash.
Motorcycles expose their riders to a higher risk of injuries in many respects, including:
According to the National Highway Traffic Safety Administration (NHTSA), common motorcycle accident scenarios include:
These motorcycle accidents cause many types of injuries. In general, injuries resulting from a motorcycle accident are much more serious for the biker than for someone in a car. Some injuries that a motorcyclist may sustain could be superficial and may heal quickly. Other injuries may be longer-lasting and might take time and effort to recover from. Some injuries may never heal completely. A catastrophic accident can require around-the-clock care for the rest of the patient’s life.
People injured in a motorcycle accident may suffer:
Following an accident, it is important to be aware of your body. Any symptom could be pointing to a severe medical issue. Delayed onset of an injury means that it does not show signs of damage or symptoms immediately. Sometimes trauma suppresses reactions and pain sensations. Professional medical care and tests may reveal any delayed signs of an injury that is causing hidden damage. Prompt treatment may prevent permanent harm, and help recognize delayed onset.
“Delayed onset” of an injury means that it does not show any symptoms or visible signs of the injury right away. Instead, the damage happens without anyone noticing, at least in the beginning. It is essential to catch and treat hidden injuries. For example, if undiscovered, internal bleeding can lead to organ failure, coma, and in some cases, death.
Do not ignore delayed symptoms such as:
Being in a motorcycle accident can leave you terrified and disoriented. What about your life after the accident? How do you go about forging a path to healing? Many car accidents result in physical or mental conditions that can take months, if not years, to recover from fully. In some cases, victims of a car accident may never fully recover.
The time after an accident can be hectic. Facilitating doctor’s appointments, adapting to changes in your work and home life, and making time for your own healing can be a struggle for your recovering mind and body. Many victims suffer from anxiety. While it can be beneficial to be watchful, you should not become so stressed and fearful that it harms your health.
The key is to monitor your health and seek medical attention whenever necessary. One way to do this is to keep a log of your symptoms and daily activities. This way, patterns or changes in your condition become more apparent. More importantly, this log can be a useful resource for caregivers, medical care providers, or evaluating a claim for damages with a motorcycle accident attorney.
Professional medical treatment is, of course, essential to your recovery. However, there are ways you can mitigate minor aches and pains after a crash.
If you have questions or concerns, always consult your doctor.
Everyone knows that a driver must use due care for their own safety and the safety of others while driving a motor vehicle. The insurance company might offer the least amount possible to settle the case quickly. In many cases, the insurance company’s limits are not enough to cover the bills for the injuries, let alone serve as compensation for losses and future losses.
Motorcyclists (both drivers and passengers) can sue another driver who negligently caused their injuries. In serious injury or death cases, an investigation can help establish the liability of other defendants.
Almost every serious injury or death case involving a motorcycle requires expert testimony. The victim’s attorney may use several types of experts in a motorcycle accident case. These may include medical experts, an accident reconstruction expert, and possibly engineers and physicists who have special knowledge of motorcycles and motorcycle accidents.
The financial burden of recovery from a motorcycle accident can be every bit as onerous as the process of physically recovering from the injuries. Both the financial and physical limitations that result from a severe motorcycle injury can be devastating. In most cases, physical recovery from a motorcycle accident requires medical assistance, and this can be expensive. Some combination of prescription drugs, surgeries, and physical therapy is often required to properly recover from a severe motorcycle injury. Meanwhile, physical disabilities often make it impossible for the patient to work, either temporarily or permanently.
In a motorcycle accident case, the plaintiff could recover for current and future medical expenses, including rehabilitation and adaptive costs. Damages also usually include wages lost as a result of the accident, future predicted lost income, and the possibility that the victim will never resume their normal career again after the accident. The victim may also receive compensation for past and future pain and suffering.
Testimony from physicians or other health care providers can help determine the cost of medical expenses. Injuries may be so severe that even a minor crash results in a hospital stay, surgeries, rehabilitation, and chronic pain. Long-term physical and mental therapy may help victims deal with the pain and suffering from the accident.
Pain and suffering, including emotional distress, may be an important element in calculating damages. Contrary to popular belief, there is no formula for pain and suffering awards, and it varies greatly from case to case depending upon the location of the case, the seriousness of the injury, and how well your motorcycle accident lawyer presents your case. Also, the plaintiff’s spouse may sue and recover damages for loss of consortium.
Under California law, if a plaintiff can prove that the conduct of the wrongdoer was egregious, fraudulent, or malicious, he or she is entitled to recover punitive damages, which punish the wrongdoer.
Much of the statistics that surround motorcycle accidents concern fatalities. However, the survivors of motorcycle accidents can suffer mental and physical injuries for a very long time after a crash, and would need support during the complex recovery process. It is extremely important to get to the hospital after an accident regardless of whether you feel injured. Taking care of your health after a crash can improve your recovery, as well as your chances of receiving compensation for your injuries.
The laws vary according to the state where the accident took place. Generally, in California, you must bring a motorcycle accident case within two years of the accident. In rare cases, however, that time period extends to two years from the date of the discovery of wrongdoing and/or an injury. In a case against a public entity, the plaintiff must bring the claim within six months of the date of the accident.
Consult your attorney about which time limits may apply in your case.
If you or someone you love was in a motorcycle accident, you should speak with a motorcycle accident lawyer. For more information or a free consultation, call a motorcycle accident attorney today.
Gomez Trial Attorneys
655 West Broadway, Suite 1700
San Diego, CA 92101
John Gomez founded the firm alone in 2005. Today, John acts as President and Lead Trial Attorney. He has been voted by his peers as a top ten San Diego litigator in three separate fields: Personal Injury, Insurance and Corporate Litigation. Since 2000, he has recovered over $800 million in settlements and verdicts for his clients with more than 160 separate recoveries of one million dollars or more. A prolific trial lawyer, John has tried to jury verdict more than 60 separate cases.
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"They are experts in what they do and are a pleasure to work with."
No Fees Unless We Recover Money On Your Behalf