Quirk Accident and Injury Attorneys, APC helps motorcycle accident victims in Thousand Oaks. If you’re in a motorcycle accident in Thousand Oaks, one of the most serious injuries you could face is a traumatic brain injury (TBI). A TBI can affect everything–your body, your mind, and even your emotions—changing your life and the lives of your loved ones. Our team can provide you with legal support and guidance. Contact us today for a free consultation.
Why Would You Need a Lawyer?
If you’ve suffered a traumatic brain injury (TBI) in a motorcycle accident in Thousand Oaks, you might feel unsure about what to do next or whether you need a lawyer. No matter the circumstances of your accident, you have options for getting damages in a claim, but handling a claim on your own can be overwhelming–especially while you’re trying to recover.
Moreover, the legal process means dealing with complex paperwork, insurance companies, and other challenges that can quickly become stressful. Here’s how we approach these types of cases:
- We offer a free consultation to explain your rights and options.
- If you decide to work with us, we’ll fully investigate your accident to figure out what happened and who’s at-fault.
- We’ll gather evidence and put together the full extent of your damages to make sure you get the most out of your claim.
- Handle all negotiations with the insurance companies.
Every motorcycle accident brings some level of injury, but a TBI makes everything tougher. That’s why you would need a lawyer in this situation. Our priority is to take the legal burden off your shoulders so you can focus on improving.
Who’s Liable For Damages After a Motorcycle Accident That Causes a TBI?
Motorcycle accidents can cause serious head injuries, with traumatic brain injuries (TBIs) being especially dangerous due to the delicate nature of the brain. TBIs are complex and often have long-lasting symptoms, even though they vary from person to person. According to the Mayo Clinic, you can expect to deal with headaches, fatigue, dizziness, and cognitive and behavioral issues.
What’s important to understand is that these injuries can happen unexpectedly and lead to significant physical, emotional, and financial consequences. So, while you have legal options, it means a potentially long claims process that has to start with figuring out who’s liable for the accident. In order to do this, you have to show “negligence.” This means showing that someone:
- Had a responsibility to act safely or protect others.
- Failed to meet that responsibility.
- Caused an accident that led to your injuries.
In motorcycle accident cases, liability often falls on:
- Other drivers who acted recklessly or broke traffic laws.
- Local or state government agencies that are responsible for maintaining safe road conditions.
- Car or parts manufacturers, if a defect (like brake malfunctions) led to the accident.
Why is fault so important? Because it tells you who is financially responsible for your medical bills, lost income, and long-term care needs–which make up the bulk of your damages. TBIs often require extensive and ongoing treatment, so this is extremely important. Once you have liability nailed down, though, you can move forward to actually filing your claim.
What Are Your Claims Options After a Motorcycle Accident?
If you’ve been injured in a motorcycle accident and suffered a TBI, you have the legal right to file a claim if negligence was involved. Generally, you have two main options for filing a claim:
- Filing an insurance claim
- Filing a lawsuit
Filing an insurance claim might offer a quicker settlement, but it may not cover all your expenses. If the settlement falls short, you may need to file a lawsuit for additional financial support. Our team is here to help you make your way through this process, recovering damages such as:
- Medical expenses
- Ongoing care needs
- Lost income and future earnings
- Repair or replacement of your motorcycle and property
- Pain, suffering, and emotional distress
- Impact on your quality of life and relationships
- Wrongful death expenses if the accident or TBI leads to death
As with any claim in California, you have to file within two years of the accident. If you miss this deadline, you can’t recover damages (no matter how strong your claim is or how badly you need them.) So, taking quick action and strengthening your case can help you recover from the lasting effects of a TBI.
What Can You Do to Strengthen Your Claim After a Motorcycle Accident with a TBI?
You never want to be in a motorcycle accident, but once you’re in one, you have to focus on what you can do to protect and strengthen your claim. Obviously, when there’s a TBI involved, this is much easier said than done. At the same time, though, you need to be prepared, so here’s what you can do:
- Call 911 – Call 911 and get treated at the scene by EMTs. They should also send the local police, whether that’s the Thousand Oaks Police Department or California Highway Patrol. No matter what you feel like, make sure to go to a hospital for further treatment.
- Start getting evidence – If possible, take photos and videos of the scene, your injuries, and your motorcycle. Write down the details of the accident.
- Follow your doctor’s advice – Stick to your treatment plan to give yourself the best chance at recovery. It’s a good idea to see a brain injury specialist for more extensive and specialized care.
- Keep track of your losses and evidence – Keep track of all your evidence–medical bills, accident reports, letters or emails with insurance companies–to support your claim.
- Watch your statements – When you talk to police or insurance reps, be careful with what you say. Stick to the facts and don’t go into detail about what happened or admit any fault.
Remember, these steps are meant to help you. Even with legal support, you’ll need to show how the motorcycle accident and your TBI have affected your life. We’re here to help, but you’ll still be up against an insurance company that will try to minimize your claim. That’s why following these steps is crucial.
Why is a TBI So Difficult To Deal With After a Motorcycle Accident?
Just because it’s fairly easy to see how a TBI could result from a motorcycle accident (even if you’re wearing a helmet), it’s a harsh reality when you actually suffer one. Here’s a closer look at why one of these injuries is so difficult to deal with:
- Unpredictable symptoms – The wide range of symptoms like headaches, memory loss, and mood changes can make it hard to function day-to-day, leaving you feeling frustrated and overwhelmed.
- Slow recovery – Healing from a TBI takes time, and the process can feel never-ending, requiring constant medical care and therapy, which can feel exhausting.
- Daily struggles – Simple tasks like working, socializing, or even managing basic responsibilities can become incredibly difficult, often leading to feelings of isolation, anxiety, and frustration.
- Financial burden – The high costs of medical treatments and therapy can add significant stress, especially when dealing with long-term recovery.
Coping with a TBI is overwhelming, but with the right treatment and legal support, recovery becomes more manageable. Further, there’s a wide range of different resources, such as support groups and government programs, that can also help you and your family throughout this process.
Free Consultations For TBI Victims After a Thousand Oaks Motorcycle Accident
At Quirk Accident and Injury Attorneys, we understand how challenging it can be to recover from a motorcycle accident, especially when dealing with a TBI. Our team is dedicated to providing you and your family the legal support needed to secure a successful claim. Contact us today for a free consultation and get started on your recovery process.