Can You Get a Head Injury While Wearing a Helmet?

You can get a head injury while wearing a helmet. While studies note that helmet use decreases the risk of severe and fatal head injuries, those same studies revealed that those wearing helmets can still suffer serious head trauma. If you or a loved one suffered a head injury—possibly including a traumatic brain injury—while cycling or riding a motorcycle, hire an attorney to demand fair compensation for your damages.

The fact you were wearing a helmet suggests you are a responsible person concerned with protecting yourself and others. Yet, a motorist or other liable party’s irresponsibility (and likely negligence) may have caused you harm. Hold these negligent parties accountable by hiring a bicycle or Augusta motorcycle accident attorney.

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Both Bicyclists and Motorcycle Riders Can Suffer Head Injuries Despite Wearing Helmets

The two primary groups who benefit from wearing helmets on and near the roadway are bicyclists and motorcycle riders. Those in these groups often choose to wear helmets because:

• Bikes and motorcycles have no physical barrier around them, meaning the rider faces direct exposure to impact from motor vehicles and fixed objects.
• Because of their (generally) two-wheeled design, there is a risk the rider will fall off the bike in the case of an accident or near-accident, meaning they may strike their head on the pavement or other hazards.
• Riders understand that, no matter how safely they operate their bicycle or motorcycle, others on the road will act unpredictably and dangerously.

Those who choose not to wear helmets often face longer hospital stays and more severe injuries. However, wearing a helmet does not guarantee you will avoid a head or brain injury.

Other Injuries Associated with Bicycle and Motorcycle Accidents

If you are a bike or motorcycle rider who suffered a head or brain injury, there is a significant chance you have suffered other injuries, too. Ailments commonly associated with bicycle and motorcycle accidents injuries include:

• Internal bleeding
• Road rash
• Fractured bones
• Injuries affecting internal organs
• Scarring and disfigurement
• Amputation injuries

It will be your motorcycle or bicycle accident attorney’s role to learn every detail of your injuries, document those injuries, and demand fair compensation for you.

What to Do If You Suffer a Head Injury During a Traffic Accident

If you were involved in any type of accident resulting in a head injury—including but not limited to a bike or motorcycle collision—hire an attorney as soon as possible. A head injury lawyer will take several immediate steps meant to promote your well-being and financial recovery, which include:

Getting You the Evaluation and Treatment You Need

There will be plenty you can’t control after your accident. What you can control, though, is whether you seek medical attention after the collision. Your attorney will ensure that you get:

• A full-body evaluation, which may uncover head injuries, brain injuries, and other physical ailments
• Medical imaging including but not limited to X-rays. CT scans and MRIs, which may be necessary to show internal injuries
• All other medical services necessary to diagnose and treat your accident-related injuries

As they work to prove at-fault parties’ negligence, your lawyer will need to establish the connection between the accident and your injuries. Therefore, it is critical that you receive medical attention right away. Your lawyer can refer you to qualified medical professionals for immediate care.

Protecting You from Insurers, Defense Lawyers, and At-Fault Parties

You may not yet realize it, but there are parties who want to see your claim or lawsuit fail. Most likely, these parties owe you compensation (or can owe you compensation if you choose to sue them).

Your lawyer will protect you from these unfriendly parties by:

• Handling all communications with insurers, defense lawyers, and others who take part in your case
• Helping you make accurate (perhaps written) statements to insurers, as errors in your statements can negatively affect your claim
• Overseeing every step of the claims process
• Advising you about any claim-relates steps you need to take

Your attorney will alert you to lowball settlement offers, prevent delays in the claims process, and work to secure a fair settlement as soon as possible.

Forming a Case Strategy Personalized to You

Those who suffer head or brain injuries because of others’ injury negligence may obtain compensation by:

• Filing an insurance claim and reaching a settlement
• Filing a lawsuit and reaching a settlement
• Going to trial and securing an award from a judge or jury

Most accident victims start with an insurance claim (or multiple claims). However, countless claims become lawsuits, and some become court cases.

Your personal injury lawyer will create a personalized strategy for securing the compensation you deserve. As circumstances in your case change, your lawyer will update the strategy as necessary.

How Your Head Injury Attorney Will Make the Case for Your Total Financial Recovery

A lawyer will protect you from insurers and oversee case strategy, but this is hardly all they’ll do. Your attorney will also manage the day-to-day and long-term responsibilities of any claim or lawsuit you pursue, including:

Obtaining Evidence Related to Your Bike or Motorcycle Accident (or Other Accident Type)

Evidence will tell:

• How a motor vehicle collided with your bike or motorcycle, or how another type of collision happened
• Who is directly at fault for the accident
• What the at-fault party did to cause the collision
• What the at-fault party may have done to prevent the collision

Lawyers occupy many roles for their clients, and investigators are one of them. Your attorney and team will quickly obtain all evidence supporting your claim or lawsuit.

Making Clear How Your Accident Has Affected You

Your attorney will also prove to liable parties how you’ve suffered. Documentation of your economic and non-economic damages may include:

• Medical bills for accident-related services
• Invoices for repairing your bike, motorcycle, or any other mode of transport damaged during the accident
• Invoices for repairing or replacing non-vehicular property (like a cell phone)
• Proof of lost income, which may come from pre- and post-accident bank statements
• Diagnoses of your pain and suffering by a mental health professional

The head or brain injury you’ve suffered, your unique healthcare needs, and the duration of your recovery will all be relevant to your head injury lawyer. Trust your attorney to gather a detailed trove of documentation that proves who liable parties harmed you.

Determining the Value of a Fair Settlement

A bike or motorcycle accident can be extremely costly in terms of medical costs, lost income, pain and suffering, and property costs. Your attorney will:

• Complete a thorough investigation of your accident-related damages
• Make a detailed record that includes proof of damages and a precise financial value for each damage
• Hire any experts who can ensure the accuracy of your lawyer’s damage valuations
• Total the cost of your current and future damages
• Exercise checks to ensure their case valuation is accurate and complete

Through these steps, your lawyer will determine the value of a fair settlement.

Negotiating a Financial Settlement with Liable Parties

Most accident victims prefer to settle, as do insurance companies and attorneys. Settling can deliver fair compensation to the accident victim (you) efficiently. Trials can also be time-consuming, expensive, and plagued by uncertainty.

Your head injury attorney will fully intend to negotiate a fair settlement. However, your lawyer’s intent is only half of the equation. If liable parties refuse to be accountable and offer fair compensation, you should expect your attorney to advise you not to accept any insurance settlements.

Filing a Lawsuit for You (If You Choose To)

Your attorney can escalate an insurance claim to a lawsuit at any time. Often, this happens when a lawyer determines liable parties don’t intend to offer a fair settlement to their client.

Before filing a lawsuit, your lawyer will have a transparent, detailed discussion about the implications of filing a lawsuit. You can then make a sound decision about whether to sue.

Representing You in Court (If Your Case Goes to Trial)

Being sued can serve as a wake-up call for liable parties. After refusing to offer a fair settlement, the lawsuit may prompt liable parties to pay the plaintiff all the money they deserve.

This is not always the case, though. Some defendants continue negotiating in bad faith even after being named in a lawsuit. If this happens in your case, your attorney may advise you to greenlight a trial.

Damages That Often Accompany Head and Brain Injuries

Two people may have the same type of head injury suffered in very similar circumstances. Yet, they may have significantly different damages and case values. This is why a lawyer never consults “average case values” or speculates about a client’s damages—instead, they investigate damages case by case.

Though these damages can vary in their severity and cost, those with head injuries often face:

Expensive Medical Services and Items

Your lawyer will document the cost of all of your accident-related medical needs, which may include:

• Emergency transport and care, as head injuries can be life-threatening
• Medical imaging, possibly including CT scans to detect head injuries
• Surgery, which may be necessary to relieve pressure in the head, repair a fractured skull, or for other reasons
• A significant period of hospitalization (even a single night in the hospital can be bankrupting for some)
• Medications for pain relief and other purposes

You may have additional medical needs; your lawyer will accurately value those items and services as they compose your case.

Rehabilitation Needs

Head injuries can cause brain damage and other complications that require rehabilitation. Your attorney will account for any physical, occupational, or other types of rehabilitation as they calculate your case value.

In addition to the cost of rehabilitation itself, your attorney will account for transportation expenses related to the appointments. Long-term rehabilitation may also require you to take time away from work, worsening your professional damages.

Repair of Their Damaged Mode of Transportation

Whether you were on a bike, motorcycle, or other type of transportation when the accident happened, your chosen mode of transportation likely became damaged. Your lawyer will determine the cost of:

• Repairing any transportation that is salvageable
• Replacing a totaled bike, motorcycle, scooter, or other mode of transport
• Renting or paying for a rental vehicle, ridesharing, or other temporary transportation

Your attorney may work with one or more experts to determine your transportation’s fair replacement or repair value.

Professional Damages

Those who suffer a head injury (or other injuries) often face professional damages, which may include:

• Lost income
• Diminished earning capacity
• Inability to earn bonuses, promotions, and other benefits that typically only happen when you are working
• Loss of current and future career opportunities

If your head injury causes disabling symptoms, this will be an important consideration for your employee. If you lose a loved one because of a head or brain injury, you can also hire an attorney to seek a settlement or judgment for you.

Whatever your circumstances are, trust an experienced lawyer to fight for justice. Your greatest responsibility is your health, so let a lawyer handle your case.

Should I Find and Hire My Head Injury Lawyer Today?

Yes, you should hire your head injury attorney as soon as possible. There is no financial barrier to hiring your Augusta personal injury lawyer, as they will require no upfront or out-of-pocket compensation from you. There may also be a deadline for filing any lawsuit you pursue, so find your lawyer today.

Schedule a Free Initial Consultation Today!