Spinal Cord Injuries in Motorcycle Accidents
Lawyers Representing Clients in Wheaton and Schaumburg
Motorcycle riders can suffer back and neck injuries in an accident, leading to lifelong pain and in severe cases, paralysis. Spinal cord injuries in motorcycle accidents can dramatically alter a person’s lifestyle, typically affecting their ability to work and socialize. In most situations, injured riders face emotional distress as well. The Wheaton and Schaumburg motorcycle accident lawyers at Therman Law Offices provide effective and compassionate legal representation to clients. We stand by throughout all steps of the legal process and help to ensure that accident victims and their families secure the compensation to which they are entitled. Our combined experience of more than three decades and our proven success at helping Wheaton and Schaumburg residents sets us apart.
Spinal Cord Injuries in Motorcycle Accidents
Spinal cord injuries can be complete, incomplete or may involve nerve damage. Motorcycle riders are at risk of suffering these serious injuries in a collision because they are exposed on the bike, more vulnerable than those riding within a passenger vehicle. Complete spinal cord injury leads to total paraplegia. Accident victims lose their nerve and motor function, as well as movement and sensation. Incomplete spinal injuries occur when an individual is able to maintain movement and sensation. Finally, the most common type of spinal cord injury is a spinal contusion or nerve damage. This is usually a temporary injury. Treatment is intended to prevent further injury and help individuals return to their lives.
Demonstrating Negligence as the Basis of a Legal Claim After a Motorcycle Accident
Negligence is demonstrated in a personal injury case when the plaintiff makes clear that the defendant owed them a duty of care, breached this duty and caused the accident. Motorcycle accidents often occur when a driver does not see a motorcycle rider. This may be due to carelessness, distraction or even reckless conduct.
The essence of a negligence claim is that the at-fault driver failed to use reasonable care behind the wheel. Reasonable care is the level of care that a sensible person would use, when facing the same circumstances. A reasonable driver, for example, would not accelerate when turning left directly in front of an oncoming motorcyclist. A collision that results due to this kind of conduct exposes the driver to liability for any harm that befalls the motorcyclist.
To prove liability, the injured motorcyclist proves the defendant owed them a duty of care, breached this duty, and caused the accident and resulting damages. Illinois law provides that successful plaintiffs in an injury lawsuit may recover damages from the defendant after demonstrating the defendant’s liability. These costs are termed “compensatory” because they are intended to compensate victims for the harm suffered in an accident, placing them in the position they would be had they not been hurt and suffered damages. . Accident victims who have suffered spinal cord injuries in motorcycle accidents have the right to recover their medical costs, which are often extensive. These costs cover emergency care, hospital stays, as well as future anticipated costs for medical supplies, rehabilitation and assistive devices. Retaining all documentation of costs is essential to recovering full costs for quantitative harm.
While harder to quantify, motorcycle collision victims can also secure damages for emotional suffering and pain caused by their injury. A disability caused by an accident may require the injured individual to change vocations. Loss of wages during recovery and vocational training costs, if necessary, can be set forth and recovered in a lawsuit.
Statute of Limitations for Plaintiffs Pursing Motorcycle Accident Lawsuits
Accident victims must pursue their civil claims within a specific period of time. This statute of limitations is a rule that requires the plaintiff file a lawsuit for personal injuries within two years beginning on the date of the accident. A lawsuit for property damage may be filed within five years from the date of the accident. Unfortunately, filing a legal claim after this period of time may result in the permanent loss of the right to legal compensation.
Consult a Lawyer In Wheaton or Schaumburg
Experienced attorneys are critical following a motorcycle accident that has led to injuries. Extensive medical costs and extreme pain and suffering lend themselves to potentially high damages. Here at the Therman Law Offices, our lawyers will review your case and provide a free, no obligation consultation. If you want to speak with one of our attorneys, call our office today at 773-545-8849 or reach us online. We proudly serve the communities of Arlington Heights, Hoffman Estates, Mt. Prospect, Streamwood, Elgin, Bartlett, Bensenville, Wood Dale, Carol Stream, Hanover Park, Roselle, Bloomingdale, and Glendale Heights.