Can I Sue for a Spinal Injury After Motorcycle Crash?
Yes, you can sue for a spinal injury after a motorcycle crash if another party’s negligence caused the accident. In Florida, an injured rider can file a claim against the at-fault driver, their employer, or even a motorcycle manufacturer to recover compensation for medical expenses, lost wages, and pain and suffering.
At Todd Miner Law, our lawyers have been representing motorcycle accident victims for over 32 years across Central Florida. Our motorcycle accident attorneys investigate the crash and negotiate with the insurance company to recover fair compensation. If they refuse to pay fairly, we will file a personal injury lawsuit against them. Call us today at 407-894-1480 to schedule a free consultation.
How Can I Sue for Spinal Damage After a Motorcycle Crash?
To sue for spinal damage after a motorcycle crash, you should seek immediate medical care, report the crash to the police, and identify the at-fault party. After that, gather strong evidence and file a claim against the responsible insurance carrier. You should also contact a personal injury attorney to protect your legal rights and handle all communications with the insurance company.
Here’s how these steps can help you pursue compensation for spinal injuries after a motorcycle accident:
Step 1: Seek Immediate Medical Attention
Seek medical attention immediately after the accident, even if you do not notice severe pain right away. Spinal injuries such as herniated discs, nerve damage, and soft tissue injuries may not cause symptoms until hours or days later. In that case, a prompt medical evaluation can help identify hidden injuries before they worsen and ensure you receive the treatment needed to protect your long-term health.
Moreover, to strengthen your case, you should secure the following medical records:
- Emergency room and hospital records that document your diagnosis, treatment, and the date treatment began.
- Imaging results, such as X-rays, CT scans, and MRIs, to confirm the location and severity of your spinal injury.
- Physician and specialist notes from your treating medical provider, neurologist, or orthopedic surgeon connecting the injury to the crash.
- Physical therapy and rehabilitation records that show your ongoing treatment and medical recovery progress.
Step 2: Report the Crash to the Police
After medical attention, call 911 and request an official police report at the accident scene. This report documents the responding officer’s observations, statements from other drivers/witnesses, and any citations issued. It also creates an objective record of how the accident occurred, making it difficult for the insurance company to dispute fault.
Step 3: Gather Evidence at the Scene
Collect all available evidence to support your legal claim, including police reports and photos of the vehicles, road conditions, and visible injuries. Also, obtain the other driver’s contact and insurance details, and gather statements from any witnesses. Other than that, you should collect the following evidence to strengthen your claim and prove how the crash occurred:
- Dashcam or helmet-cam footage that captures the moments before and during the impact.
- Nearby surveillance or traffic-camera video from businesses, homes, or intersections close to the scene.
- Skid marks, debris, and final resting positions of the vehicles, photographed from multiple angles.
- The other driver’s license plate and vehicle details to confirm ownership and identity.
This evidence can help prove liability, the severity of your injuries, accident-related losses, and the insurance coverage available for your claim. After gathering this evidence, file a claim with the insurance company responsible for covering your damages. Keep copies of everything you send, request a claim number, and document all communications with the adjuster. These steps create a clear record of your claim and can help prevent disputes later in the process.
Step 4: Consult an Experienced Motorcycle Accident Lawyer
Consult our motorcycle accident attorneys before you communicate with an adjuster or accept any settlement offer, because insurance companies often undervalue spinal injury claims. Our attorneys will present your evidence, prove liability, and calculate the actual long-term medical bills. We also strengthen your claim in the following ways:
- Preserve critical evidence before it is lost
- Work with medical experts to document your injuries
- Demonstrate how the injury affects your daily life
- Calculate future medical and rehabilitation expenses
- Identify all available insurance coverage
- Handle all communications with insurance adjusters
- Challenge low settlement offers with supporting evidence
- Prepare the case for trial when necessary
- Meet all filing deadlines and legal requirements
Who Can Be Held Liable for Your Injuries?
The at-fault driver, their employer, or a motorcycle manufacturer can be held liable for your spinal injuries, depending on what caused the motorcycle crash. For instance, if a driver’s negligence, such as violating a red light or making an unsafe lane change, causes your crash, you can sue them to recover your damages. But if the driver was working at the time of the accident, the company may also be vicariously liable if the driver was performing work duties. Similarly, if a defective brake contributed to the crash, the motorcycle manufacturer can be held accountable for the accident under a product liability claim.
In some cases, you can also file a personal injury claim against a government entity if a poorly maintained road or missing signage contributed to the crash. However, filing against a government entity has different legal requirements under sovereign immunity law. Here’s how you can file a personal injury case against a government entity after a motorcycle accident in Florida:
- File a notice of claim: Under § 768.28. You must first submit a written notice of claim before a lawsuit.
- Notify the responsible party: Send the notice to the responsible government agency. You should also notify the Florida Department of Financial Services.
- Three-year deadline: You must submit the notice within 3 years of the crash (2 years for wrongful death claims).
- 180-day investigation period: The agency has 180 days to investigate, and you cannot file a lawsuit until that period ends.
What Spinal Injuries Are Common in Motorcycle Crashes?
The most common motorcycle spinal cord injuries include herniated discs, vertebral fractures, and spinal cord damage that can lead to paralysis. Since riders have no protective frame, the force of the accident is transmitted directly to the body, which can cause severe spinal injuries. In fact, CDC.gov reports that motorcyclists face a 22 times higher fatality risk than car occupants. Additionally, according to research, motor vehicle accidents account for roughly 41% to 45% of all spinal cord injuries in the United States.
Here are some additional spinal cord injuries that can result from a motorcycle accident in Florida:
- Incomplete spinal injury: An incomplete spinal cord injury involves a bruised spine that is not entirely damaged and may disrupt bladder or bowel function.
- Cervical spine injury: A cervical spine injury affects the neck and can impair arm movement and breathing.
- Loss of motor and sensory function: Damage to the spinal cord can disrupt nerve signals, causing weakness and numbness below the injury site.
- Life-threatening injuries: Severe spinal cord injuries can affect breathing, blood pressure, and other vital functions, requiring immediate, extensive medical treatment.
- Chronic nerve pain: Some victims develop long-term burning, shooting, or radiating pain due to nerve damage.
- Spinal compression fractures: A vertebra may collapse under extreme force, causing pain and possible nerve compression.
- Traumatic brain injury: The force that injures the spine can travel up to your skull, causing cognitive, memory, and neurological impairments.
How Do You Prove Fault in a Motorcycle Accident Claim?
To prove fault in a spinal cord injury claim, you must establish negligence by showing four elements: duty of care, breach of duty, causation, and any resulting damages. Establishing these elements can help you prove that another party was responsible for the motorcycle crash and is liable for your bodily injury. Here’s how you can establish these elements of negligence and pursue a fair settlement in a motorcycle spinal injury case:
- Establish the Duty of Care: Prove that the other party was legally required to operate their vehicle safely.
- Prove the Breach of Duty: Gather evidence of negligence such as speeding, running a red light, or distracted driving.
- Show Causation: Connect the duty breach directly to the crash and your spinal injury using medical records and expert testimony.
- Document Your Damages: Secure detailed records of your medical expenses, lost income, and the physical pain.
What Expenses Can You Recover After a Motorcycle Injury?
After a motorcycle spinal injury, you may recover compensation for both economic and non-economic damages. Economic damages include medical expenses, lost wages, and other out-of-pocket costs. On the other hand, non-economic damages cover physical pain and suffering. In cases involving egregious misconduct, the court may also grant punitive damages to discourage similar conduct.
Here are some additional expenses you may recover in spinal injury insurance claims:
- Future medical treatment costs
- Physical therapy and rehabilitation expenses
- Loss of enjoyment of life
- Mobility aids and assistive devices
- In-home nursing or attendant care
- Transportation costs for medical appointments
- Reduced earning capacity
- Vocational retraining expenses
- Prescription medication costs
- Household assistance services
- Permanent impairment damages
- Loss of consortium for a spouse
You can typically recover these expenses through the at-fault driver’s bodily injury liability coverage. However, if your damages exceed the available policy limits, you need to pursue compensation through other sources, such as your uninsured/underinsured motorist coverage. In addition, MedPay coverage can help pay medical expenses regardless of fault and seek reimbursement from your final settlement.
How Do Expert Witnesses Strengthen a Spinal Injury Claim?
Expert witnesses explain complex accident dynamics and medical findings in simple terms that insurers, judges, and juries can understand. Their testimony can also help establish liability and connect the spinal injury to the motorcycle accident. In some cases, they provide objective opinions about the cause of the crash and the need for future medical treatment. Here are some expert witnesses who can strengthen a spinal injury claim:
Accident Reconstruction Experts
Accident reconstruction experts analyze skid marks, vehicle damage, road conditions, surveillance footage, and crash data to explain how the motorcycle accident occurred. Their findings can help prove fault when drivers dispute liability or provide conflicting accounts of the crash.
Spine Surgeons and Treating Physicians
Spine surgeons and treating physicians explain the nature and severity of the spinal injury. They interpret MRI scans, surgical records, and medical findings to show how the accident caused the injury and what treatment was necessary.
Physical Medicine and Rehabilitation Specialists
These specialists explain the rehabilitation process and the patient’s recovery limitations. They can describe ongoing therapy needs, physical restrictions, and the risk of permanent impairments following a spinal injury.
Vocational Rehabilitation Experts
Vocational experts assess how the spinal injury affects a person’s ability to work. They evaluate whether the injured motorcyclist can return to the same job, requires workplace accommodations, or must change careers altogether.
Life Care Planning Experts
Life care planners develop detailed projections of future care needs. Their reports may include future surgeries, rehabilitation programs, home health assistance, and mobility equipment.
Mental Health Experts
Psychologists and psychiatrists evaluate emotional injuries related to the accident. They can explain conditions such as anxiety, depression, post-traumatic stress disorder, and the psychological impact of living with a serious spinal injury.
Can I Still File a Claim If My Symptoms Appeared Days Later?
Yes, you can still file a claim if your symptoms appeared days after the motorcycle accident. In many motorcycle accident cases, damage to the spinal cord, nerves, or surrounding tissues does not cause immediate symptoms. Instead, pain, numbness, weakness, or other neurological issues may develop gradually. However, delayed symptoms can complicate the claim, as the insurance company may argue that your condition is unrelated to the accident.
If the insurance company disputes injury causation, our experienced attorneys at Todd Miner Law can help. We review emergency room records, diagnostic imaging, and treatment timelines to connect your symptoms to the crash. In addition, we consult medical specialists, who explain how spinal injuries can lead to delayed symptoms. Call 407-894-1480 for a free consultation.
What If the Insurance Company Disputes My Spinal Injury?
If the insurance company disputes your spinal injury, you can still pursue compensation. In spinal injury claims, insurers often argue that your condition resulted from a pre-existing injury, age-related degeneration, delayed treatment, or an unrelated event. They may also claim that your treatment was excessive or unnecessary. Sometimes, insurers may rely on comparative fault laws to reduce or deny compensation by claiming you partly caused the crash.
However, these arguments do not automatically prevent recovery if the medical evidence supports your claim. To counter these tactics, our lawyers use objective medical evidence with timestamps to show visible spinal damage. We also use pain journals, limitation logs, and treatment notes to prove the effects of injury on your daily life.
How Much Is a Motorcycle Spinal Injury Claim Worth?
A motorcycle spinal injury claim can be worth $3,000 to more than $5,000,000, depending on the severity of the spinal damage. The exact compensation also depends on the cost of medical treatment, your ability to resume work, available insurance coverage, future medical needs, and the strength of the liability evidence.
Here is a general overview of expected settlement ranges based on spinal injury severity:
| Spinal Injury Type | Estimated Settlement Range |
|---|---|
| Minor soft tissue injuries | $3,000 – $25,000 |
| Moderate disc injuries (herniated discs) | $25,000 – $150,000 |
| Severe spinal fractures requiring surgery | $150,000 – $500,000+ |
| Catastrophic injuries involving partial or complete paralysis | $500,000 – Several Million |
Contact Our Motorcycle Accident Attorneys in Central Florida To Discuss If You Have a Case!
Motorcycle accidents can cause severe injuries, including spinal cord damage. However, recovering compensation is not simple in these cases. Spinal injuries may involve delayed symptoms, prolonged treatment, and future medical needs. Dealing with all of this can feel stressful, especially when you are already uncertain about your recovery.
At Todd Miner Law, our lawyers can handle your spinal injury case through detailed evidence collection, strategic negotiations, and formal legal action. With this client-centric approach, we have recovered millions in settlements and verdicts for motorcycle accident victims. Contact us or visit our law firm at 915 Outer Rd, Orlando, FL 32814 for expert legal representation.
FAQs
What If the Crash Made An Old Back Injury Worse?
You can seek compensation even if the crash worsened an existing back injury. Florida follows the eggshell plaintiff doctrine, which prevents the at-fault party from avoiding liability simply because you had a pre-existing condition. Instead, they’ll be responsible for the increased pain and new limitations caused by the accident.
Why Do Spinal Injury Cases Often Take Longer To Settle?
Spinal injury cases take longer to settle because lawyers often wait until you reach maximum medical improvement. This allows them to accurately assess future medical expenses and other long-term damages. Additionally, these claims involve higher payouts, so insurers may dispute liability or challenge the evidence, which can further delay negotiations.
What Mistakes Should I Avoid After a Motorcycle Spinal Injury?
After a motorcycle spinal injury, don’t delay treatment, miss appointments, or give recorded statements. You should also avoid accepting early offers or discussing the accident on social media. Other common mistakes include downplaying your pain, failing to follow medical advice, destroying evidence, or waiting too long to pursue a claim.
What Happens If There Were No Witnesses?
If there were no witnesses to your motorcycle accident, proving fault may become more challenging. However, it does not prevent you from pursuing fair compensation. In such cases, you can secure surveillance footage, police reports, and accident reconstruction analysis to establish liability.
How Long Do I Have To File A Motorcycle Spinal Injury Lawsuit?
In Florida, you can file a spinal injury lawsuit within 2 years of the motorcycle accident. If you miss the state’s statute of limitations, the court may dismiss your case entirely, which could prevent you from recovering any compensation.
