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What If My Brain Injuries Don't Show Up Right Away?

Thursday, March 01, 2018

After an accident, broken bones and lacerations are bad injuries to have. However, when it comes to non-fatal injuries, traumatic brain injuries are the worst injuries that you can receive from an accident. The issue is that the brain is a complex organ and controls so much in the body. This means that even small injuries to the brain can manifest themselves in a wide variety of symptoms and can greatly affect your daily lives.

However, because brain injuries are so serious, they often qualify victims for large payouts to cover their treatment and any long-term effects of the brain injury. Yet, there is a major problem that can come from brain injuries that occurred during an accident - they don't always show up right away. The real issue is that so many people don't realize that they have a traumatic brain injury until much later when the symptoms and other effects start to show up. However, if you are diagnosed with a traumatic brain injury from an accident months or even years in the past, can you still receive compensation to cover it?

What To Do If Brain Injury Symptoms Show Up Later?

It is recommended that as soon as an accident is over, you visit a doctor. Even if you feel fine, the doctor can examine any symptoms as well as examine the specifics of the accident to see if a brain injury may be present. However, if they manage to overlook it and you manifest symptoms or discover an injury later, you may still have some options available.

Statute of Limitations for Personal Injury Cases

If you are injured in an accident, brain injury or otherwise, California gives you a set statute of limitations in which you can pursue compensation. In California, this time limit is two years after the accident. If you try to pursue compensation for an injury any later than two years, your case likely will not be heard.

However, there are quite a few exceptions to this statute of limitations time period. The exception that will typically apply to those with traumatic brain injuries is the delayed discovery rule. In this exception, the statute of limitation time period is suspended and actually begins when the victims suspects or should suspect that they were injured by some wrongdoing. This means that if you feel fine for months after an accident, then manifest symptom and discover there is some injury to the brain that likely came from that accident, then this is when the clock starts.

However, the issue with using the delayed discovery exception is that is much easier for the person that caused the accident to argue that you injured yourself in some other way. This is even more suspect if you have been in other accidents, even minor ones, since the accident you are holding suspect.

This is why it is so crucial that if you even hit your head a little bit or were subject to a motion that would make your head rapidly snap back and forth that you have a doctor check it out at the time. Not only will this increase the chances of detecting a brain injury early, but it will document that one may have been caused by that particular accident.

Need Help?

Have you been the victim of a brain injury whose symptoms didn't start showing up until much later? Unfortunately this means that you are in for a tough fight for compensation, but the Law Office of Freeman & Freeman are ready to fight for you. If you need representation to get the compensation that you deserve, then contact us today.


Motorcycle Accidents: Why Motorcyclists Need Advocates

Thursday, July 14, 2016

In a vehicular accident involving motorcycles, motorcyclists are often in greater danger than people in passenger cars or trucks.

Motorcyclists are left exposed on their vehicles, their bodies more vulnerable during a crash. The Insurance Information Institute reports data from 2013 showing that motorcyclists are "26 times more likely than passenger car occupants to die in a crash per vehicle mile traveled and five times more likely to be injured."

This information isn't meant to downplay the fact that car and truck occupants can also get injured in a collision with a motorcycle. It only highlights the heightened vulnerability of the motorcyclists.

What can motorcyclists suffer after motorcycle accidents?

Motorcyclists can sustain fatal damage to their bodies. Even if they survive, they may have to struggle with brain and spinal injuries, internal bleeding, organ damage, amputations, broken bones, and disfiguring lacerations.

Their medical treatments often include hospitalization, which can involve days or weeks in intensive care. They may need to undergo multiple surgeries. Along with the immediate treatment for injuries, they may require physical rehabilitation and multiple follow-up checkups.

Depending on the nature of their injuries, they may need to change their entire lifestyle. Maybe they'll no longer be able to work at their current job. Maybe they'll need to rely on wheelchairs, prosthetic limbs, and additional assistive devices. They may have to renovate their homes to accommodate their new medical needs.

It's important for motorcyclists to contact a reputable attorney in the aftermath of an accident. An attorney can help you determine who was at fault during the accident and assist you with exploring different options for covering medical bills and other losses. To best heal, recover, and adjust to your new life, you need an attorney to advocate for you so that you aren't struggling alone with huge expenses.

Lane Splitting and Motorcycle Accidents in California

Friday, January 29, 2016

Riders are often tempted to ride the white line or lane split when they are in a typical Los Angeles traffic jam. If you have a motorcycle accident while riding between lanes, your conduct will be used against you to show that you bear some or most of the responsibility for the accident. Even if your lane splitting contributed to the accident, you can still protect your right and opportunity to recover a monetary award for damages that were precipitated by another driver.

Lane splitting is not explicitly illegal in most U.S. jurisdictions, but you should avoid arguing the legality of your actions if a trooper pulls you over. Your objections will probably result in citations for failure to signal a lane changes or reckless riding.

Lane-splitting accidents typically occur when you ride between lanes and a driver abruptly turns into you. The attorney for the other driver will argue that the accident itself is evidence of unsafe lane-splitting riding, thus shifting some responsibility for the accident to you. You can counter these arguments by collecting all available information about the accident immediately after it happens. This information includes photographs of traffic conditions. Those photographs should show the distance between the two lanes of cars. If there are any witnesses, ask for their contact information but do not ask them to make any statements or guesses about what caused the accident. Let your attorney handle witness interviews.

Note the damage to your bike and the car that was involved in the accident. Record how fast you were riding. Most lane-splitting riding is done at slower speeds, and your direct notations of your own speed can easily contradict a driver's estimates. Riders should know that road paint is more slick in wet conditions and that riding on a painted line in those conditions should be avoided. If you were avoiding the painted lines while you were lane splitting, tell your lawyer that fact, as he will use that evidence as proof of your care while you were riding.

Riding in stopped or slow traffic is difficult and dangerous for many reasons. If the traffic was uncommonly slow when your accident happened, tell your lawyer that you opted to ride between lanes to avoid fatigue in your clutch hand. You can more balance your bike while it is in motion, so again, your lane-splitting may have enhanced your overall safety.

Each motorcycle accident presents a unique set of facts that each side to a lawsuit will use to his own benefit. If you have been in a motorcycle accident in Los Angeles County, please contact us as soon as you can for a complimentary review of the facts of your case.

Lane Splitting Is Safe Unless It Involves High Speed

Sunday, November 23, 2014

The practice of motorcyclists sharing lanes, or riding between lanes to pass slower traffic, has been controversial for years now. Recently, a team of researchers at the University Of California Berkeley released a study that provides some answers to the safety of these practices.

In California, motorcyclists are legally allowed to split lanes. This is the practice in which motorcyclists ride between marked lanes in an effort to pass stalled vehicles. California is currently the only state that allows such practices by motorcyclists. The practice is not without its critics who complain that it is difficult to spot such motorcyclists, especially when they ride at high speeds between cars that are stopped for traffic or are moving slowly.

The University Of California Berkeley team reviewed thousands of accidents involving motorcyclists around the state, and found that lane splitting is not necessarily more dangerous than riding a marked lane. However, the danger did seem to increase when lane splitters rode streets at a speed that was 10 mph fast higher than the cars that they were passing. In such cases, the researchers found that the motorcyclists did have a higher risk of being involved in an accident.

Additionally, lane splitters also seem to be at a higher risk of certain types of accidents. For instance, they are much more likely to be in a rear ender accident in which they hit another vehicle, compared to accidents in which another vehicle hits them. The early morning and late afternoon rush hours are the deadliest times for lane splitters, with most accidents involving reported during these times.

The bottom line is that motorcycle lane splitting can be safe provided you are riding at a safe speed.

If you have suffered injuries in a motorcycle accident, you can recover compensation for your losses. Speak to a Burbank motorcycle accident lawyer about filing a claim for compensation.

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From our offices in Woodland Hills, California, Freeman & Freeman, LLP, provides legal advice and representation for clients in communities throughout the state, including those in Burbank, Glendale, Encino, Sherman Oaks, Van Nuys, Tarzana, Santa Clarita, Agoura Hills, Reseda, Canoga Park, Chatsworth, Northridge, Granada Hills, Pacoima, Panorama City, North Hollywood, Thousand Oaks, Simi Valley, Lancaster, Palmdale and Alhambra.