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- Perry Motorcycle Accident Injury Attorneys
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Motorcyclists are at risk for a wide range of injuries in the event of a crash. These can include soft tissue injuries, fractures, burn injuries requiring skin grafts, spinal cord injuries, and serious head and brain trauma. Even riders who are properly geared up when the crash occurs can sustain injuries that are expensive to treat, slow to heal, and life-altering in their long-term effects. When another driver's negligence caused the accident, Iowa law allows injured riders to pursue a claim for compensation that covers far more than just immediate medical bills. A skilled Perry motorcycle accident attorney can help you identify and recover every category of damages you are entitled to under the law.
Why You Should Talk to a Motorcycle Accident Attorney as Soon as Possible
When a motorcycle accident occurs, the victim and their family are understandably focused on injuries and recovery, not legal strategy. Talking to an attorney may not feel like a natural step in the immediate aftermath of a crash, but meeting with a lawyer as soon as possible after the accident is one of the most important things a rider can do. Here is why.
The Damages from Serious Motorcycle Injuries Are Substantial
Even riders who are wearing proper safety gear can sustain injuries that create enormous financial burdens. Common serious injuries in motorcycle crashes include head and brain injuries, broken bones, burn injuries requiring skin grafts, and soft tissue injuries. Even if the rider has both health insurance and motorcycle insurance, the costs associated with these injuries can quickly exceed what standard coverage provides. If the injuries have a prolonged recovery period, the rider may be completely unable to return to work and earn income while also needing to pay for ongoing therapy and specialized medical care. Having an attorney working on your behalf helps ensure that all of these expenses are factored into the claim.
Proving Fault Requires the Right Evidence
Recovering damages requires proving the fault of the other party, and that proof depends on gathering the right evidence promptly. The types of evidence that tend to be most valuable in a motorcycle accident claim include:
- Physical evidence from the accident scene and photographs of that evidence
- Medical records, doctors' statements, and medical bills
- Eyewitness testimony from people who saw the crash occur
- The police report filed at the scene
- Key facts about the other driver, including their history of driving offenses
- Possible proof of intoxication of the other driver
An attorney knows exactly what to look for and how to preserve that evidence before it is lost. The sooner legal representation is in place, the better the chances of building a comprehensive and well-supported case.
Insurance Companies Do Not Offer Fair Settlements Without Pressure
Whether the damages are paid by your own insurance company or the other driver's insurer depends on a variety of circumstances, including fault and the types of coverage involved. Regardless of which company is involved, having an experienced attorney handle negotiations provides a significant advantage. Insurance companies routinely offer settlement amounts that are far too low to fully cover the damages a seriously injured rider has suffered. When a number sounds large, it can be tempting to accept it even when it falls short of what the claim is actually worth. An attorney's negotiating skills and knowledge of your full damages help prevent that from happening.
Iowa's Statute of Limitations: Two Years to Act
Iowa law gives injured accident victims two years from the date of the accident to file a personal injury lawsuit. While that may seem like plenty of time, valuable evidence can disappear quickly and memories fade. Consulting an attorney early ensures that no critical deadlines are missed and that your case is built on the strongest possible foundation from the start. An attorney also serves as a resource for any and all legal questions about fault, the claims process, and the full range of damages you may be entitled to pursue.
What If Your Motorcycle Accident Injuries Do Not Appear Right Away?
One of the most important things motorcycle accident victims need to understand is that serious injuries do not always make themselves known immediately. Sometimes pain will not begin until later the same day, or even the following morning. This is normal, and it does not mean you were not injured. It also does not mean your claim is compromised, but it does require you to take prompt action to protect it.
Why Symptoms Are Sometimes Delayed After a Crash
After a collision, adrenaline surges through the body and other hormones like cortisol are released, which can temporarily suppress the sensation of pain. This is the same reason that someone who has worked out too hard does not feel the muscle soreness until the next day. Once you do start feeling pain following an accident, promptly seeking medical care is critical. Getting that documentation started as soon as symptoms appear is what connects your injuries to the accident in the medical record and in the eyes of the insurance company.
What If You Waited More Than a Week Before Seeking Care?
Waiting longer than a week to seek medical care is not necessarily fatal to a claim, but it will raise a red flag with the insurance adjuster assigned to your case. If you did delay getting medical attention, be sure to tell your doctor exactly when the pain started and explain why you did not seek care immediately. What you should never do is simply skip the doctor visit altogether. Failing to get medical attention can cost you your entire claim and case, regardless of how legitimate your injuries are.
What If New Injuries Appear After Your Initial Treatment?
It is very common for additional injuries or conditions to surface after the initial phase of treatment is complete. Consider this scenario: you were experiencing severe neck pain with pain radiating into your arm following a motorcycle accident, and an MRI revealed a herniated disc requiring surgery. After the neck surgery, the arm pain resolves, but you begin experiencing problems with your shoulder. This is a common pattern. The severity of the original injury was masking the underlying shoulder problem. You should immediately report any and all new pain or symptoms to your doctor as soon as they develop, because delays in reporting will invite the insurance company to argue that the new condition is unrelated to the crash.
Similarly, some riders who sustain serious leg injuries may not develop back pain until they are back on their feet, often walking with a limp that places stress on the lower back and hips. These are legitimate secondary injuries that deserve to be documented and included in the claim. Your attorney should work directly with your physicians to establish which conditions are related to the accident, a process known as obtaining a causation opinion. It is important to understand that a doctor saying it is "possible" that a condition was caused by the accident is not enough under Iowa law. The injured person must prove that the connection is more likely than not, which is why having an attorney who knows how to work with physicians to obtain proper causation opinions is so valuable.
Cumulative Injuries That Develop Gradually Over Time
In some cases, injuries do not stem from a single traumatic moment but develop gradually over time. This is known as cumulative trauma. For example, if repeated physical demands from compensating for an injury result in damage to another part of the body, the progression and origin of those symptoms still needs to be clearly documented. Whether your injuries showed up immediately or developed over weeks and months, the principle is the same: get to a doctor, report every symptom thoroughly, and keep your attorney informed of any new developments in your condition.
Emotional Trauma After a Motorcycle Accident: What Iowa Riders Should Know
Physical injuries are not the only harm a motorcycle accident victim may suffer. In cases involving severe injuries, motorcyclists often experience significant emotional trauma in addition to their physical ailments. Iowa riders pursuing a liability claim against a negligent driver can and should factor this emotional distress into the value of their claim.
Post-Traumatic Stress Disorder After a Motorcycle Crash
Post-traumatic stress disorder, or PTSD, can develop following a traumatic event like a serious motorcycle accident. Once associated primarily with soldiers returning from combat, PTSD is now recognized as a condition that can arise from a wide variety of traumatic experiences. According to the National Institutes of Mental Health, PTSD symptoms fall into three main categories:
- Re-experiencing: flashbacks to the accident, recurring nightmares, and intrusive thoughts about the crash
- Avoidance: steering clear of certain situations, locations, or activities, along with emotional numbness, guilt, depression, and difficulty remembering aspects of the event
- Hyperarousal: being easily startled, persistent edginess, trouble sleeping, and intense episodes of anger
These symptoms can interfere significantly with a rider's daily life, relationships, and ability to return to work. When they result from the negligence of another driver, they represent real harm that belongs in a personal injury claim.
Head Injuries and Depression
Head injuries are a major concern for motorcyclists in any crash. Iowa repealed its mandatory motorcycle helmet law, which means riders have the freedom to choose whether to wear a helmet but also bear the consequences of that choice if a crash occurs. Various researchers have studied the relationship between traumatic brain injury (TBI) and depression. A 2004 study published in the Archives of General Psychiatry found that one-third of study participants developed major depressive disorder within the first year after sustaining a TBI. A 2002 study in the Journal of Nursing Scholarship found that chronic stress following a TBI was significantly and positively related to post-TBI depression, a stress that is often connected to the demands of the recovery process itself.
It is worth noting that failure to wear a helmet can affect the value of certain damages in a claim. The insurance company or defendant may argue that helmet use could have prevented or reduced the severity of head injuries, which could reduce the settlement amount. Discuss with your attorney how helmet use or non-use may factor into the emotional and non-economic damages you pursue.
Emotional Trauma Damages That May Be Included in Your Claim
A motorcycle accident claim can account for emotional trauma alongside the physical injuries. Emotional and psychological damages that may be factored into the monetary recovery awarded after an Iowa motorcycle accident include:
- The cost of mental health assessments
- Counseling and therapy expenses
- Other psychological treatment costs
- Compensation for mental anguish
These are legitimate, compensable damages under Iowa law when they are the result of another person's negligence. Documenting emotional trauma through mental health professionals, just as you document physical injuries through medical providers, strengthens this portion of your claim considerably.
Consulting a Perry 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.