Bike Accident Brain Injury: What You Need To Know
If you are a bicyclist who has suffered a bike accident brain injury, then you need to know that you have suffered a serious injury that could affect your cognitive, physical and psychological functioning for the rest of your life.
An experienced lawyer can help you get the care and treatment you need and help you protect your legal rights to compensation and benefits.
What is a bike accident brain injury?
A bike accident brain injury is caused when a bicyclist suffers a violent blow or jolt to the head. This injury may cause an injured bicyclist to suffer: (1) loss of consciousness; (2) amnesia; (3) brain bleeds; (4) torn tissues; (5) bruising; and (6) abnormal brain functioning.
Is a mild injury less serious?
A bike accident brain injury is a serious injury to the brain that can affect a bicyclist’s cognitive, physical and psychological functioning for the rest of his or her life. Calling this type of injury “mild” is just a medical classification. It does not mean a bicyclist’s disabilities and impairments are mild.
Are the effects of this injury immediately obvious?
As serious as this injury is, its effects on an injured bicyclist may not always be immediately apparent which is one of the things that make brain injuries so dangerous. Many bicyclists suffer from Talk and Die Syndrome which is where they appear “fine” after the crash, but as their injuries worsens over the subsequent hours, they gradually get sicker and more debilitated and all-too-often die.
Types of brain injuries
Can I sue for a bike accident brain injury?
You may be able to sue the at-fault driver of the car or truck who hit you for pain and suffering compensation as well as excess medical expenses, excess lost wages and other economic damages.
To recover pain and suffering damages against the at-fault driver, you will need to show you suffered a “serious impairment of body function.” This showing is not required for excess medical expenses and lost wages and other economic damages.
Your recovery in this type of lawsuit will largely be paid from the at-fault driver’s “third party car insurance,” which is frequently referred to as liability insurance coverage.
You also have three (3) years after the date of the crash that resulted in your injury to file your lawsuit. (MCL 600.5805(2))
No-Fault benefits for a bike accident brain injury
If you have suffered this injury after a crash, you may be entitled to No-Fault benefits to pay for your medical expenses, lost wages (if your injuries have disabled you from working), transportation and mileage costs for going to and from the doctor, household replacement services and attendant care.
To make your claim for No-Fault benefits you must file an application for No-Fault benefits – which is also called a “written notice of injury” – within one (1) year after the crash. (MCL 500.3145(1) and (4)) This is very important because if you do not file your application within ONE YEAR of the crash, you will lose your right to claim and recover benefits.
If you are experiencing any of the following symptoms you should immediately seek medical attention:
- Loss of consciousness
- Loss of memory of events before and after the crash
- Feeling dazed, disoriented or confused
- Difficulty thinking clearly, reasoning, making decisions, problem-solving
- Difficulty concentrating and paying attention
- Word-finding difficulty
- Slurred speech
- Nausea or vomiting
- Balance problems
- Blurred vision
- Sensitivity to noise and light
- Ringing in ears (Tinnitus)
Because MRIs and CT scans are not always capable of detecting a bicyclist’s bike accident brain injury, doctors frequently rely on functional testing as well as diagnostic imaging that includes Positron Emission Tomography (PET) and a Single Photon Emission Computerized Tomography (SPECT).
Neuropsychologists also used a series of tests to help identify the existence and extent of this injury.
Treatment for a bike accident brain injury
Treatment for may include any or all of the following: (1) surgery to remove hematomas and/or stop brain bleeds; (2) occupational/physical/speech/recreational therapy; (3) neuropsychology; (4) cognitive-behavioral remediation; (5) pharmacologic management; (6) assistive technology; (7) environmental manipulation; and (8) education and counseling.
Choosing the right lawyer
Finding a lawyer who specializes in handling and has extensive experience litigating brain injury cases is very important if you have suffered a bike accident brain injury. These cases are very challenging. If an attorney does not specialize in these types of lawsuits, then he or she will not know what to look for and to protect you from in order to prove and win your case.
Call Michigan Auto Law first for free consultation with a lawyer
If you have suffered a bike accident brain injury and would like to speak to an experienced injury attorney, call toll free anytime 24/7 at (800) 777-0028 for a free consultation with one of our attorneys. You can also get help from an experienced automobile crash attorney by emailing [email protected] or you can use the chat feature on our website.
Our lawyers have been handling traumatic brain injury litigation for more than 50 years. We understand the physical, emotional and psychological hardships you are experiencing from your injury.
Attorney Steven Gursten is past-President of the American Association for Justice’s Traumatic Brain Injury Group and lectures to attorneys across the country on these types of cases. He also sits on the lawyer committee for the Sarah Jane Brain Project, which is dedicated to helping children with pediatric brain injury.
Steve has received the highest recorded jury verdicts and settlements for Michigan traumatic brain injury cases, according to Michigan Lawyers Weekly, including a $5.65 million verdict, a $4.2 million verdict and a $2.5 million settlement. All of those cases had defense offers of only $100,000-$250,000.