In the event of a motorcycle accident, a helmet can reduce the risk of head injury by 67 percent and the risk of death by 37 percent. While such statistics are reassuring, they ultimately serve as a reminder that no gear is 100 percent effective at preventing catastrophic—and sometimes fatal—injury.
If you sustained a traumatic brain injury (TBI) in a motorcycle accident, you may be entitled to compensation for the associated damages. Let’s take a look at the answers to some of the most frequently asked questions about pursuing a recovery in such a scenario:
1. What Kinds of Damages Should I Be Tracking?
New York tort law allows for the recovery of both economic and non-economic damages under some circumstances. You can track your economic losses, including medical expenses, lost wages, and alternative transportation, by saving all relevant receipts, bills, and invoices.
As for tracking your non-economic damages, start a personal injury journal as soon as possible. In it, write detailed entries about the ways in which your TBI is hindering your everyday life. Such entries will help demonstrate the extent of your mental anguish, loss of enjoyment in life, and pain and suffering.
2. How Can I Prove the Severity of My Injury?
Because brain injuries are inherently complicated, proving their severity can pose a challenge. Thankfully, a resourceful personal injury attorney can help.
For example, your legal team can obtain deposition from your physician regarding your prognosis. They can also consult relevant TBI specialists, who can speak on the ways in which your condition will likely impact the rest of your life.
Other kinds of evidence that might help prove the severity of your injury include:
- Medical records;
- Photographs of any visible wounds;
- Diagnostic images; and
- Case studies involving subjects with injuries similar to yours.
3. How Long Do I Have to File a Formal Lawsuit If the Liable Party Refuses to Settle?
Although most personal injury claims are settled, a few inevitably end up in court. Since there’s always the chance that yours will be one of them, it’s important to act fast. Motorcycle accident victims have a limited amount of time to proceed to trial when the opposing party proves uncooperative.
New York’s standard statute of limitations for personal injury suits arising from negligence is three years. Considering those with TBI might not reach maximum medical improvement for a year or even two, this is an incredibly tight filing deadline. What’s more, there are a number of exceptions that can shorten it considerably. As such, you should consult an attorney as soon as possible after the wreck to start building your claim.
Discuss Your Case with a Motorcycle Accident Lawyer in New York
If your life has been forever changed because you sustained a TBI in a motorcycle wreck, contact LoTempio P.C. Law Group. Our team is available 24/7 to answer your call.
By letting us handle the logistics of your case, you can focus on more important matters like resuming your routine and taking care of your family. Call 716-855-3761 or use our Online Contact Form to set up a free consultation with a motorcycle accident attorney in New York.