What If I Develop Seizures After My Motorcycle Crash?
Seizures following a traumatic brain injury (TBI) from a motorcycle accident are unfortunately more common than many people realize. The force of the impact can cause microscopic damage to the brain, disrupting normal electrical activity and leading to both immediate and delayed-onset seizures. These can range in severity from brief moments of disorientation to full-blown convulsions, and they carry significant risks, including further brain injury, loss of consciousness, and even death. Understanding your rights and options after experiencing post-accident seizures is critical to securing the compensation you deserve.
The legal implications of seizures following a motorcycle crash are complex. While the at-fault driver is primarily liable for the injuries caused by their negligence, establishing a direct causal link between the accident and the seizures is paramount. Insurance companies will often attempt to minimize or deny these claims, arguing that the seizures are pre-existing conditions, unrelated to the crash, or the result of other factors. This is where experienced legal counsel is essential.
I’ve been practicing personal injury law in San Diego for over 13 years, and I’ve seen firsthand how insurance companies evaluate, devalue, and deny claims involving traumatic brain injuries. I was trained by a former insurance defense attorney, giving me intimate knowledge of their tactics and strategies. I understand the medical complexities involved and know how to build a strong case to prove the connection between your accident and your seizures, maximizing your recovery.
What evidence is needed to prove my seizures are related to the motorcycle accident?
Establishing a clear link between your motorcycle accident and the development of seizures requires comprehensive medical documentation. This includes the initial emergency room reports, CT scans and MRIs of the brain, neurological evaluations, and ongoing treatment records from your neurologist. A detailed timeline of your symptoms, starting immediately after the accident, is also crucial. Expert testimony from a neurologist or other medical specialist may be necessary to explain the causal relationship to a jury.
Furthermore, any evidence of the accident itself—police reports, witness statements, photos of the vehicles and scene, and even dashcam footage—can strengthen your claim. If you experienced any loss of consciousness at the scene, that’s particularly important. Documenting the impact the seizures have on your daily life—missed work, limitations on activities, and emotional distress—is also vital for calculating your damages.
How long do I have to file a claim if I develop seizures after a motorcycle accident?
In California, you have a **two-year** window from the date of the motorcycle accident to file a lawsuit for personal injury. Because evidence at a crash scene—such as skid marks or GoPro footage—can disappear quickly, immediate filing is critical to preserve the integrity of the claim. However, the “statute of limitations” can be complex, especially when symptoms like seizures develop later. The two-year clock generally begins running from the date of the *accident*, not the date of diagnosis. It’s crucial to consult with an attorney as soon as possible to ensure you don’t miss the deadline. CCP § 335.1
Can the insurance company deny my claim if I had a pre-existing condition?
Insurance companies frequently attempt to deny claims by arguing that the injuries—including seizures—were pre-existing conditions. However, this is not an automatic bar to recovery. California law allows you to recover damages even if you had a pre-existing condition, as long as the accident *aggravated* or *exacerbated* that condition. The key is proving that the accident was a substantial factor in causing the seizures or making them worse. This often requires a thorough review of your medical history and expert testimony.
We will need to demonstrate that your seizures were not present, or were significantly less severe, before the accident. If the insurance company disputes this, we may need to obtain additional medical records and consult with specialists to establish the pre-accident baseline of your neurological health.
What types of damages can I recover if I develop seizures after a motorcycle accident?
If we can successfully prove that your seizures are related to the accident, you may be entitled to recover a wide range of damages, including medical expenses (past and future), lost wages, pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, you may also be able to recover damages for permanent disability or disfigurement. The amount of compensation will depend on the severity of your seizures, the impact on your daily life, and the extent of your other injuries.
Calculating the full value of your claim requires a comprehensive assessment of all your losses, both economic and non-economic. We will work with medical experts and financial analysts to ensure that you receive the maximum compensation possible.
What if the at-fault driver was uninsured or underinsured?
If the driver who caused your accident was uninsured or underinsured, you may be able to recover damages through your own Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. California law requires insurers to offer this coverage. For motorcyclists hit by a driver with minimum or no insurance, this coverage allows you to recover damages directly from your own policy up to your selected limits. Ins. Code § 11580.2
Navigating these claims can be complex, as your own insurance company may attempt to minimize your recovery. We have extensive experience dealing with UM/UIM claims and will fight to ensure you receive the full benefits you are entitled to.
What should I do if the insurance adjuster asks me to give a recorded statement?
Insurance adjusters often request recorded statements shortly after an accident. While it may seem harmless, giving a recorded statement can be detrimental to your claim. Adjusters are trained to ask leading questions designed to minimize their liability and devalue your case. They may try to elicit statements that contradict your medical records or witness testimony. Do not give a recorded statement without first consulting with an attorney. I advise my clients to politely decline and refer all communication to my office.
How do medical liens affect my motorcycle accident settlement?
If you received medical treatment for your injuries, the healthcare providers may place a lien on your settlement to ensure they are reimbursed for their services. These liens can significantly reduce the amount of money you ultimately receive. California law limits the amount a health insurance company or medical provider can claim from your settlement via a lien. These ‘anti-subrogation’ protections ensure that the injured rider retains a fair portion of their recovery after medical bills are addressed. Civ. Code § 3040
We will carefully review all medical liens and negotiate with providers to reduce the amount owed, maximizing your net recovery.
What is the importance of preserving evidence after a motorcycle accident?
Evidence preservation is critical in any motorcycle accident claim, but it’s especially important when dealing with delayed symptoms like seizures. This includes photos of the vehicles and scene, police reports, witness statements, and your medical records. Do not alter or destroy any evidence. If you have dashcam footage, preserve it immediately. Additionally, be mindful of data overwrite windows on your motorcycle’s ECM/EDR or ELD system, as this data can provide valuable information about your speed and braking patterns.
We will send a spoliation letter to all relevant parties, demanding that they preserve any evidence related to your accident. Failure to do so can result in sanctions and a negative inference at trial.
What if the accident involved a government vehicle or roadway hazard?
If a motorcycle accident involves a government-owned vehicle or a dangerous road condition like loose gravel, potholes, or poorly marked construction zones, a formal administrative claim **MUST** be presented within **6 months** (180 days). Failure to meet this strict deadline under the Government Tort Claims Act can result in the permanent loss of your right to recover. Gov. Code § 911.2
These claims are often complex and require specific documentation and procedures. We have extensive experience handling claims against government entities and will ensure that all deadlines are met.
What is comparative fault and how does it affect my motorcycle claim?
California’s ‘pure’ comparative fault system applies to motorcycle claims. Even if a driver argues you shared responsibility due to speed or positioning, you can still recover damages; however, your total compensation will be reduced by your percentage of fault. Civ. Code § 1714
Insurance companies will often attempt to argue that you were partially at fault to reduce their liability. We will thoroughly investigate the accident and gather evidence to rebut any claims of comparative fault.
