According to the Insurance Institute for Highway Safety, 47 states have some kind of helmet law that applies to motorcyclists as of 2018. In Mississippi, for example, all riders and passengers must wear a helmet when operating or riding a motorcycle on public roads.
At the end of the day, a helmet is the single most important piece of safety gear that riders can wear. Much like seat belts in passenger vehicles, helmets can save lives in the event of a collision. They are not foolproof, though, and even those who wear them are vulnerable to debilitating head injuries in forceful impacts.
If you sustained a serious head injury in a motorcycle accident, the Jackson motorcycle accident attorneys at Coxwell & Associates will help you gather the evidence needed to prove liability and fight for the maximum compensation possible. We have been representing Mississippians for more than 35 years. Call (601) 265-7766 to schedule a case evaluation with an accident lawyer.
1. Can You Recover Compensation for a Head Injury If You Were Not Wearing a Helmet at the Time of the Crash?
The state of Mississippi follows a pure comparative negligence doctrine. Under this system, claimants can recover compensation for the damages they incur even if they were partially liable for the incident or somehow contributed to the resulting injuries; however, the total amount of compensation that they can recover is reduced by their own percentage of fault.
That means accident victims who were not wearing a helmet at the time of the crash are still entitled to benefits. If the case goes to trial, though, the jury may decide that the plaintiff would not have sustained as severe injuries had he or she been wearing a helmet. Thus, the total amount of compensation awarded may be reduced.
2. How Do You Prove the Severity of a Head Injury?
You can demonstrate the severity of a head injury the same way you might prove the extent of any other injury. Admissible evidence includes medical records, testimony from specialists, photographs of any visible wounds, and journal entries about how the injury is affecting your everyday life.
3. What Kinds of Damages Can You Recover Following a Head Injury?
Unlike more superficial wounds, a head injury has the potential to cause lasting damage. That means in addition to recovering compensation for costs like hospitalization, prescription medication, and physical therapy, you may be able secure funds for loss of earning capacity or vocational training. Potential non-economic damages include emotional distress and loss of consortium.
4. How Soon Should I Initiate the Claims Process?
You should never agree to a settlement until you know the full extent of your injuries. Otherwise, you may end up with a settlement that is too small to cover all the damages. Head injuries can take a few months to reveal their full extent, but claimants should begin the legal proceedings as soon as possible because there are strict deadlines for filing personal injury lawsuits, and important evidence may disappear if you delay.
Discuss Your Case with a Mississippi Motorcycle Accident Attorney Today!
If you sustained a head injury in a motorcycle accident, contact Coxwell & Associates to discuss your case. We have won nearly $300 million for our clients in successful settlements and verdicts. Call (601) 265-7766 or click on the button below to schedule a consultation with a personal injury lawyer in Jackson.
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.