Fairfax Motorcycle Accident Injury Attorneys

Motorcycle injury lawyers stand as dedicated defenders for riders when disaster occurs. Their expertise in motorcycle accidents enables them to manage legal challenges and secure justice and compensation for the injured.

What’s the Value of My Motorcycle Accident Claim if I Suffered Permanent Injuries?

Determining the value of a motorcycle accident claim, especially when permanent injuries are involved, is a complex process. No two cases are alike, and the specifics of each injury and its impact vary from one individual to another. This article will delve into the key aspects of valuing a motorcycle accident claim, including economic and non-economic damages, the importance of legal representation, and tips to avoid common motorcycle accidents.

Permanent Injuries and Economic Damages

Economic damages are one of the most straightforward components of an injury claim to calculate. These damages include:

- Lost Wages: The income you have missed out on while recovering.
- Medical Bills: All the medical expenses incurred for treatment.
- Other Related Expenses: Any additional costs directly linked to the accident.

However, permanent injuries often lead to long-term or lifelong economic burdens. For instance, the need for long-term care, such as an in-home nurse, can significantly increase your expenses. Similarly, permanent injuries can affect your ability to work, necessitating expert testimony to estimate future lost wages.

The Health Council's 2010 study highlighted the financial impact of motor vehicle-related injuries, estimating the cost at $99 billion, with motorcycle injuries accounting for $12 billion of that amount.

Permanent Injuries and Non-economic Damages

Non-economic damages are more challenging to quantify as they do not come with receipts. These damages are often calculated using a multiplier of the economic damages, with the severity of the injury influencing the multiplier used. Non-economic damages may include:

- Pain and Suffering
- Mental Anguish
- Disfigurement
- Disability

For example, a severe head injury might warrant higher non-economic damages compared to a knee injury.

The Importance of Legal Representation

Proving the other party's fault and establishing the extent of your damages are crucial for a successful claim. Iowa’s negligence laws stipulate that if you are found to be 51% or more at fault, you cannot recover any damages. Even if your fault is less than 51%, your compensation will be reduced proportionally.

Motorcycle Head Injuries and Concussions

Head injuries are a significant concern in motorcycle accidents. According to the Iowa Department of Transportation, there were 41 motorcycle fatalities in 2013, with 34 involving riders not wearing helmets. Common head injuries from motorcycle accidents include:

- Concussions: These can range from mild to severe.
- Traumatic Brain Injuries (TBIs): The brain can move violently within the skull or be penetrated by an object.
- Intracranial Hemorrhaging: Blood pooling in the brain, restricting blood flow.

The long-term consequences of these injuries can be life-altering, impacting communication, cognition, mobility, fine motor skills, hearing, vision, and emotional health. Despite Iowa not requiring helmets, not wearing one can be argued as contributory negligence in head injury claims.

Proving Liability and Helmet Use

In cases where a motorcyclist did not wear a helmet and suffered a head injury, the defense might argue that this contributed to the severity of the injury. This could affect the claim, especially under Iowa’s comparative negligence laws. Proving the other party's liability remains critical, and an attorney can help collect evidence and address allegations about helmet use.

Tips to Avoid Common Motorcycle Accidents

Many motorcycle accidents are preventable with the right knowledge and practices. Here are some tips to avoid common accidents:

- Avoid Drinking and Riding: Alcohol impairs balance and coordination, essential for riding.
- Watch for Cars Turning Left: Slow down and be prepared to take evasive action when approaching intersections.
- Handle Blind Corners with Caution: Enter corners at a manageable speed and be prepared for unexpected obstacles.
- Avoid Speeding into Corners: Ride within your visibility range and use visual clues to gauge the road's direction.
- Stay Out of Blind Spots: Ensure drivers can see you, especially when traffic conditions make lane changes likely.
- Be Cautious at Intersections: Stop to the side, flash your brake light, and be ready to move if necessary.
- Practice Group Riding Etiquette: Ride in a staggered formation to increase visibility and reduce the risk of collisions.
- Master the Front Brake: Practice using the front brake in a controlled environment to improve your stopping ability.

Consulting a Motorcycle Accident Attorney

The toll from severe motorcycle injuries can encompass substantial medical expenses and long-term care costs for victims and their families. Lost wages may compound matters, especially if employment becomes unrealistic for an extended period. Getting help from a motorcycle accident attorney allows the pursuit of comprehensive compensation, from financial damages and emotional distress such as pain and suffering.

Victims of these accidents should seek consultation with a motorcycle accident attorney, as damages may be extensive and recovery of compensation is important.

At Walker, Billingsley & Bair, our motorcycle accident attorneys can represent you in dealings with your insurance company, or when filing a personal injury claim. Set up your consultation now by calling 641-792-3595.