Internal Injuries from Motorcycle Accidents
Motorcycles are among the most dangerous vehicles on the road. Unsurprisingly, internal injuries are common consequences of motorcycle accidents. They are insidious precisely because of their invisibility–you could be bleeding to death and not even know it. Unfortunately, internal injuries are extremely likely outcomes of motorcycle accidents.
Common internal injuries
Common internal injuries arising from motorcycle accidents include:
- Internal bleeding from blunt force or broken bones
- Organ damage—liver lacerations, ruptured spleen, kidney damage, lung contusions, and other serious conditions
- Traumatic Brain Injury (TBI), because even with a helmet, a strong impact can cause internal brain injuries
- Rib fractures and punctured lungs – two conditions that may occur together if a rib pierces a lung
- Pelvic fractures, which often lead to massive internal bleeding
Many other internal injuries are possible during a motorcycle accident, some of which are fatal.
How internal injuries happen
Internal injuries can happen through blunt force trauma, penetration by a foreign object such as a motorcycle part, rapid deceleration, compression (being pinched between a motorcycle and car, for example), bone punctures, and many other ways.
High-speed crashes and internal trauma
It’s a matter of physics-–the higher the speed of your impact, the greater the force of impact. If you are thrown from a motorcycle you might hit the pavement, a guardrail, or another vehicle with incredible force. Even with full protective gear, the effect on your body can be absolutely devastating.
The “eggshell skull rule”
The eggshell skull rule is a common law rule that applies in both Ohio and Kentucky. This rule allows you to hold a defendant fully liable for their injuries, even if the magnitude of their damages stemmed from an unforeseeable condition.
Imagine, for example, that a motorcyclist suffered internal bleeding in a motorcycle accident caused by a truck driver. The victim suffered from hemophilia, which causes uncontrolled bleeding. If the victim died as a result, the personal representative of the victim’s estate could sue the truck driver for wrongful death, even if a non-hemophiliac would not have died from a similar injury.
Warning signs of internal injury
It is critical that you understand the warning signs associated with internal injury, so that you will know how to react. If you’re bleeding profusely inside, you don’t need to be using your iPhone to photograph evidence. Some telltale signs of internal injury include:
- Abdominal pain and swelling
- Chest pain
- Difficulty breathing
- Large bruising or unusual bruising patterns
- Dizziness and fainting
- Nausea or vomiting
- Cold or clammy skin
- Pale skin
- Swelling or tightness in arms or legs
All of these conditions require immediate medical attention.
Seek medical attention
If you experience any of the symptoms of internal injury after a motorcycle accident, seek medical attention immediately. Do not waste time–your life could depend on it. Failure to seek prompt medical attention could also hurt your personal injury claim. An insurance company is likely to use any delay to say that the injury that your internal injuries occurred after the accident due to an unrelated cause, or that you weren’t too seriously hurt.
Long-term effects of internal injuries
If you suffer serious internal injuries, you might face a prolonged and uncertain period of rehabilitation. In fact you might never fully recover. You can break down your claim into dollars and cents if, for example, your internal injuries prevent you from returning to your old job. Your personal life might also suffer. Imagine the effect of cognitive impairment on your social life, for example. You can recover compensation for both tangible and intangible losses.
Maximum medical improvement
Maximum medical improvement (MMI) is the point, certified by your doctor, where your doctor does not expect your condition to improve any further. In many cases that means a full recovery. If it doesn’t, then it means that you suffer long-term or even permanent disability. In most cases, MMI means the cessation of any further medical treatment.
MMI matters for legal purposes because it is difficult to calculate your damages until you have completed medical treatment, and medical treatment usually concludes with MMI. If medical treatment will be ongoing, you will need to speculate on the amount of your medical expenses.
If you underestimate your medical expenses, you could end up running out of money years into the future. And by then it will be too late. If you anticipate long-term disability, a personal injury lawyer is a necessity, not an option.
Should you sue or settle?
Perhaps both. A common strategy is to seek settlement but then file a lawsuit if negotiations break down. Filing a lawsuit will give each side access to the pretrial discovery process, which is a powerful evidence-gathering tool.
You might gain access to the event data recorder of the defendant’s car, for example. Armed with this data, you might more easily pin the blame for the accident on the defendant This is likely to force the insurance company back to the negotiating table with a more compliant attitude.
You can always withdraw your lawsuit in exchange for an acceptable settlement offer.
The statute of limitations
The statute of limitations sets the deadline by which you must either file a lawsuit, finalize a settlement, or forever hold your peace. Ohio’s statute of limitations is two years, while in Kentucky, you have just one. Although exceptions sometimes apply, it’s best to talk to your lawyer about this issue.
Seek legal assistance at your earliest convenience
The personal injury attorneys at Crandall & Pera enjoy over half a century of combined experience assisting people just like you. Our team of dedicated medical malpractice and injury lawyers are committed to helping injury victims across Ohio and Kentucky.
We have won more than $170 million for our clients. Although we settle the vast majority of our cases, we are ready and able to fight it out in court if need be. Under our contingency fee setup, you only pay attorney’s fees if we win your claim. If not, we work for free. Contact us today for a free consultation.
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