Rosenfeld Injury Lawyers LLC works with Chicago motorcycle accident victims. They need justice and recovery. They need to move on from the event and lead productive lives. However, it isn't easy. Riders suffer medical bills, long-term pain, and lost wages. Plus, insurance companies and defendants don't help.
These pages outline Chicago motorcycle accident topics. Call us if you know someone in an accident. Our team can explain every step. We will preserve your right to recover in court.
- The Structure and Vulnerability of the Brain
- Brain Injuries in Illinois Motorcycle Accidents
- Brain Injury Facts Regarding Motorcycle Accidents
- Brain Injury Claim Value from Motorcycle Accidents
- Treatment for Brain Injuries Following Motorcycle Accidents
- Brain Injury Cases and Defenses After Motorcycle Accidents
- Illinois Motorcycle Accident Lawsuits with Brain Injuries
- Our Experienced Motorcycle Accident Lawyers can Help You if You Suffered a Brain Injury
The Structure and Vulnerability of the Brain
Brain injuries happen a lot. They threaten your life and wellbeing. Therefore, we want to review its structure. This will give you a better understanding of the risks you face while riding.
The Brain's Makeup
The brain is the control center of the human body. It has three parts: cerebellum, cerebrum, and brain stem. The cerebrum is the largest. It breaks down by lobes: frontal, parietal, temporal, and occipital. The brain is contained within the skull. The brain and spinal cord constitute the human nervous system. It is responsible for nearly all human activities. Some include sensory processing, motor functions, and abstract thoughts.
The Brain's Vulnerability to Motorcycle Accidents
Let's discuss its protection system. This will shed light on how vulnerable it is. Motorcycle accidents test its fragility. The brain's main defense is the skull. The skull encases it in a boney structure to form the head. Three levels of meninges pad the surface of the brain. Cerebrospinal fluid fills the gaps between the meninges and skull. This three-prong system of defense is not much. It leaves the brain open to enormous damage. Motorcycle accidents can cause real injuries. Helmets make a big difference!
Brain Injuries in Illinois Motorcycle Accidents
Here are some of the most common signs of a traumatic brain injury.
- Behavior changes.
- Appetite loss.
- Sleep loss.
However, not all traumatic brain injuries are the same. Many harms have the same symptoms. Generally, there are three categories of brain injuries. There are mild brain injuries which are the least serious. They are also called concussions. Many victims with mild brain injuries retain consciousness during it. Next, there are moderate brain injuries. With these, victims often lose consciousness but normally for a short time. The most critical form of brain injury is called a severe brain injury. With these, victims fall into comas or get prolonged symptoms.
Realize, brain injuries affect every part of your life. You may experience physical, mental, and even emotional changes. They should be treated. If left unchecked, victims' conditions can rapidly decline. They may lead to suicide or other critical complications.
Brain Injury Facts Regarding Motorcycle Accidents
Here is some important info on these injuries in Chicago.
- Helmets protect you from death more than one-third of the time.
- More than two-thirds of the time, a helmet can prevent you from suffering a brain injury.
- Helmet usage could save America $1 billion annually.
- Helmets save the lives of almost 2,000 motorcyclists every year.
- Motorcyclists die thirty times more than other motorists.
These facts illustrate the severity of the topic. Getting involved in a motorcycle crash can mean tens of thousands of dollars of medical bills, lost wages due to missed work, chronic pain, and reduced quality of living. With TBIs, effects are magnified including the risk of death.
Brain Injury Claim Value from Motorcycle Accidents
Motorcycle accident injuries can impact on your life and wellbeing. Short of death, brain injuries are by far the most severe. They limit your standard of living. Due to this, many people decide to bring a case against the persons or entities that caused the incident. Here are some demands that they normally make.
- Past and Future Medical Bills. Traumatic brain injuries from motorcycle crashes create exorbitant and immediate medical bills. They also demand long-term care. This care comes a sizeable number of costs. You should be compensated by the party that wrongfully injured you. You need more than ER and hospital bills. You need help for long-term care too. The law is settled on that point. The only hard part is accurately estimating these costs.
- Costs and Property Damage. Many other costs attend motorcycle accidents besides those above. Some of them include travel. property damage, and fees
- Lost Wages. If the brain injury keeps you from, you can sue for wages you lost. To succeed on this claim, you need to file a lost wages form with your employer to verify the income you would have received but for the accident.
- Pain and Suffering. The pain and suffering of traumatic brain injuries following motorcycle accidents does not vanish in the wake of the event. It continues via headaches, blurred vision, dizziness, and other ways.
- Disability and Reduced Quality of Life. Concussions and other brain injuries leave you unable to work. You cannot enjoy life the same way. These losses are recoverable in court with a proper claim.
This list is by no means exhaustive. It should enlighten you as to your claim's worth. Contact our offices. We will explain the steps necessary to obtain all relief!
Treatment for Brain Injuries Following Motorcycle Accidents
The way in which you injure your brain during a motorcycle accident and the way the injury manifests itself in your life are impossible to predict. Traumatic brain injuries can take a myriad number of forms and have an innumerable number of effects on your day-to-day life. However, here are some of the most common steps doctors take to limit its impact.
- Emergency Relief: Right after you are involved in a motorcycle accident and sent to an emergency room, physicians will work at once to stop the bleeding, stem the swelling, remove any foreign objects from the head, fix any damage to the skull, and take all action necessary to contain the brain injury.
- Rehabilitation: Often, the real effects of a brain injury will not be seen for a long time after the accident. Therefore, the medical team normally suggests a course within their inpatient or rehabilitative department to further monitor and treat the patient. Obviously, if the person slipped into a coma, then they were will be no option to discharge them.
- Surgery: Some brain injuries are so complicated that they require multiple surgeries. In certain situations, parts of the brain need to be removed, areas of the skull need to be refortified, and other maintenance work needs to be performed.
- Medications: No matter what kind of brain injury, chances are physicians will prescribe some course of medications that can include any of the following: analgesics, muscle relaxers, anti-depressants, anti-coagulants, anti-anxiety, or anti-convulsants.
- Doctors' Consultations: Brain injuries will normally require regular doctors' visits. Here are some of the professionals that motorcycle victims normally seek out when they suffer traumatic head wounds: psychologists, occupational therapists, physical therapists, speech/language pathologists, neurologists, and more.
This is merely a broad overview of the nature of treatment required to assist brain injury victims. Your course of care will be determined solely by your injuries and personal medical record. However, remember that all of this treatment equals a lot of expenses and that list of receipts should be considered when filing a claim against the person who caused them.
Brain Injury Cases and Defenses after Motorcycle Accidents
Your claim for damages will probably be for negligence. This cause of action maintains that the defendant acted unreasonably. Also, that he/she caused your injuries. For instance, the defendant could have turned without signaling and hit your motorcycle. The defendant could have crossed the median and hit your motorcycle. In a head-to-head collision; the defendant could have refused to yield when it was proper.
The defendant could have acted negligently and harmed you other ways. In some cases, that brain injury might lead to death. In that situation, the plaintiffs would bring a wrongful death claim against the defendant. That alleges that the defendant's unreasonable conduct caused the motorcyclist's death. These are the two most common cases that arise out of motorcycle accidents in Chicago and all across Illinois.
However, the defendant will not be left without any devices to return fire. Normally, they begin by asserting it was not their fault. They may say it was your fault, someone else's fault, or some unknown person's fault. Then, even if you pin the blame on them, they will try and weaken your contention that their misconduct caused your damages. Furthermore, they may say your injuries and subsequent damages are not as bad as you think.
As you can see, recovering compensation will not be easy. There are some things you can do to strengthen your case. Here are some simple tips to preserve the value of your brain injury claims from a motorcycle accident.
- Quickly preserve evidence like witnesses and their statements.
- Ask your employer for a lost wages form.
- Seek medical records from your previous healthcare providers.
- Carefully log all expenses that arise out of the incident.
- Promptly obtain experienced legal counsel to build out a case on your behalf.
Illinois Motorcycle Accident Lawsuits With Brain Injuries
We lay out some lawsuit summaries here. They include both jury awards and settlement amounts. They should be insightful if you wish to bring a claim in Illinois for damages.
Butler vs. Beegle; Jo Daviess County; $500,000 Settlement:
The plaintiff was on his motorcycle riding along a country road. He came upon a group of livestock. Unfortunately, he could not avoid colliding into some of the animals. The force of the crash sent him off his bike.
He sustained injuries to his brain and spine. They eventually resulted in paraplegia. He sued the owner of the animals for negligence. The suit cited a failure to control his livestock and prevent the accident. The owner shot back that the plaintiff exaggerated his injuries. He said the motorcyclist was responsible for the crash in the first place. Eventually, both sides decided to settle for $500,000.
Shreve vs. Swalec; Cook County; $3,209,000 Jury Award:
A motorcyclist, Larry Shreve, was driving down a road. A Verizon truck attempted to turn left into a driveway right in front of Shreve. Unfortunately, before that happened, both crashed into each other.
The incident left Shreve with significant brain damage. He sued the truck driver as well as the driver's employer, Verizon North Incorporated. Interestingly, the defendants both agreed the truck driver was negligent. They said his negligence caused the plaintiff's injuries. They both denied the extent of the plaintiff's claimed injuries.
However, their arguments in court were not effective. The jury returned a $3,209,000 award for Shreve for pain and suffering, emotional distress, disfigurement, medical bills, and loss of normal life.
Bidinger vs. Collins; Kane County; $100,000 Settlement:
A motorcycle collided with a car. The car attempted to make a left turn into the lane of the motorcycle. He did not leave enough time for the latter to pass before hitting it.
The plaintiff was a passenger on the motorcycle. She was thrown off the bike and into a metal sign. She claimed she suffered a closed head injury as a result. She sued both drivers as well as the owner of the sign.
Her lawsuit contended that the drivers were negligent in not slowing down and staying alert. Also, it argued that the sign owner created a dangerous condition by not removing it at the urging of the local authorities. This case did not last long in court. All sides agreed to short-circuit the litigation. The woman got a $100,000 settlement.
Hill vs. J.M. Irrigations Inc.; Cook County; $5,750,000 Settlement:
The defendant motorcyclist turned left into the plaintiff. The crash left the victim with a serious head injury and other harms.
He sued the driver as well as the driver's employer under vicarious liability theory. At trial, he claimed damages of medical bills, pain and suffering, and reduced quality of life. He also claimed lost wages.
He brought expert economic testimony to project his loss in earnings due to the incident. After this strong showing, the defendants offered to settle at $5,750,000.
Mccloud vs. Goodyear; Cook County; $15,000,000 Jury Award:
In this products liability case, a motorcyclist sued the manufacturer of the tires on her bike. They gave out and the malfunction led to her harms. She was thrown to the ground on an interstate highway. The force of the fall gave her an extreme head injury. She required constant medical attention for the rest of her life.
In her suit, she claimed the tires were not fit for their intended use as made and distributed. The defendant countered that the tires were fine but that the plaintiff did not properly fill them with air prior to departing. As such, they refused any liability. The jury disagreed. They awarded her $15,000,000 for pain, suffering, and other damages.
Vitha vs. Staples; Mchenry County; $151,000 Jury Award:
The plaintiff got hit head-on as he drove his motorcycle down a busy public street. The defendant's vehicle tried to make a left turn through his lane and hit him.
He claimed the incident left him with significant head and lumbar pains. The defendant denied this and claimed that the plaintiff exaggerated his injuries. The jury returned a $151,000 award for the plaintiff. The money was for medical bills, pain, and suffering.
Our Experienced Motorcycle Accident Lawyers can Help You if You Suffered a Brain Injury
Motorcycle accidents are like a tornado in the lives of the victims and their families. Whole lives are disrupted and put on pause as the tragedy unfolds before them. Our firm specializes in helping them. We try to make their burden lighter. We have built an experienced and passionate team eager to bring your claim. We can make sure that you get the compensation you deserve. We don't ask for upfront fees. We work on contingency. You don't have to pay if we don't win.
Start down the path to recovery today. Call our offices now. Speak with someone from the Rosenfeld Injury Lawyers LLC.
Want to learn about other injuries Illinois motorcyclists suffer? Please read the following pages:
Understanding Lacerations in Illinois Motorcycle Accidents
Understanding Paralysis Injuries in Illinois Motorcycle Accidents