Yes. You can get a head injury while wearing a helmet. While numerous studies document helmet use decreasing the risk of severe or fatal injuries, they also reveal individuals wearing helmets may still suffer serious head injuries.
If you have sustained a head injury in an accident while wearing a helmet, seek a free consultation with a Philadelphia brain injury attorney immediately. You may be eligible for compensation to recover financial losses and additional damages relating to your accident.
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Table of Contents
- Can I Sue the Helmet Company if I Suffered a Head Injury?
- Safety Helmet Laws and Regulations
- Symptoms of Brain Injuries Following Accidents
- What to Do If You Suffer a Head Injury During an Accident
- Compensation You May Recover if You Get a Head Injury While Wearing a Helmet
- How Are Head Injury Damages Calculated?
- How Long Does it Take to Get a Head Injury Settlement?
- How Can an Attorney Help Me Get Compensation for a Head Injury?
- How Much Does It Cost to Hire a Head Injury Lawyer?
- Call A Personal Injury Attorney Today
Do Helmets Prevent Head Injury and Trauma to the Brain?
Helmets can help reduce the risk of head injuries and brain trauma. Unfortunately, risk reduction does not equal entire elimination; injuries do occur. Helmets also aren't designed to prevent concussions. There are many helmets people sustain head injuries in while wearing.
Motorcycle Helmets
The National Highway Traffic Safety Administration (NHTSA) examined motorcycle safety and research showing wearing helmets reduces motorcycle rider brain injuries by 41 percent to 69 percent and fatalities by 22 percent to 42 percent.
Bicycle Helmets
Multiple studies involving cyclists wearing helmets involved in various accident causes, such as falls, motor vehicle accidents, and collisions with fixed and moving objects, demonstrate that helmet use reduces the risk of:
- Head injury by 85 percent
- Brain injury by 88 percent
- Severe brain injury by at least 75 percent
- Facial injury (upper and mid facial regions) by 65 percent
While those are significant safety numbers, those statistics also reflect a percentage of accident victims sustaining head injuries despite wearing helmets.
Construction Safety Helmets and Hard Hats
Work-related traumatic brain injuries are a significant risk in the construction industry, primarily due to risks of falling objects or falling from elevation (roofs, scaffolds, and ladders). It is the number one industry for fatal and nonfatal work-related traumatic brain injuries among American workforces.
Traditional hard hats are still used on many construction sites. However, the Occupational Safety and Health Administration (OSHA) advised switching to safety helmets to protect employees from head injuries.
Recreational Helmets
Multiple sports require or recommend safety helmets to prevent head injury and brain trauma, such as:
- Football helmets
- Baseball (batter and catcher) helmets
- Lacrosse helmets
- Equestrian (horserider) helmets
- Skateboard helmets
- Snowboard helmets
- Ski helmets
- Hockey (safety and goalie) helmets
If you have suffered a head injury while wearing a defective sports or recreational helmet, schedule a free consultation with a personal injury lawyer to discuss your case.
Can I Sue the Helmet Company if I Suffered a Head Injury?
Yes. You can sue a manufacturer of a defective helmet that caused a head injury in a sports injury, work injury, or bicycle or motorcycle crash. Common helmet defects include:
- Cheap materials (helmet may not be made with impact-resistant materials)
- Defective fasteners (causing the helmet to move out of the secured position around your head)
- Defective reflectors
- Defective chin straps (preventing the helmet from properly securing or coming off in a collision)
Other manufacturing defects, dangerous designs, or inadequate warnings or instructions may make a helmet manufacturer liable for a head injury claim or lawsuit.
Safety Helmet Laws and Regulations
Helmet laws vary from state to state. However, most acknowledge their effectiveness and have some regulations regarding wearing one, such as:
- Motorcycle Helmet Laws: Nineteen states and Washington D.C. have universal helmet laws, and twenty-eight states have helmet laws varying by age and riding experience. Three states (Illinois, Iowa, and New Hampshire) don't have motorcycle helmet laws.
- Bicycle Helmet Laws: Bicycle helmet laws in the U.S. vary by jurisdiction and age. Around half of the states require children to wear helmets, with age cutoff laws varying from 11 to 18.
- E-Bicycle and E-Scooter Helmet Laws: E-bike and e-scooter helmet laws vary by state and age. About half the states require children to wear helmets, and most require e-scooter riders under 18 to wear a bicycle helmet while operating the vehicle.
- Workplace Helmet Laws: Employers must comply with OSHA laws, which may require workers to wear helmets where head injuries are a potential problem, such as on construction work sites.
Recreational activities and sports also have different league rules and regulations regarding helmet wear. Violations of these rules may result in citations or bans from participating in games or certain activities.
Symptoms of Brain Injuries Following Accidents
Many symptoms may indicate a brain injury following an accident. Some of those symptoms include:
- Dizziness
- Headaches
- Blurred vision
- Balance disorder
- Clear fluids draining from the nose or ears
- Sleep disturbances and insomnia
- Light or sound sensitivity
- Loss of consciousness
- Confusion or disorientation
- Problems concentrating, remembering, or making decisions
- Nausea or vomiting
- Convulsions or seizures
- Numbness in the arms or legs
- Speech problems
- Tinnitus (ringing in the ears)
If you are experiencing any of these symptoms following an accident, you must go to the doctor immediately. Brain injuries are serious and can worsen (become fatal) without proper diagnosis and treatment.
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What to Do If You Suffer a Head Injury During an Accident
If you are a head injury victim due to an accident involving a helmet, there are four critical next steps of action you need to take immediately:
Get a Full Medical Evaluation
If you have suffered an injury in an accident, it's important that you seek a complete medical evaluation. A doctor will adequately diagnose and treat injuries.
Even if you do not feel injured, a medical professional should confirm the injury (or lack thereof) and advise you on any suggested periods of rest. Strictly follow your doctor's orders to prevent worsened symptoms and prolonged recovery time.
Save Your Helmet
Keep your helmet from the accident. Your attorney, medical team, and accident reconstruction experts may examine cracks and markings on the helmet to determine any defects. They may also be able to determine the causes of specific injuries.
Log Important Details and Damages
Log important details and damages in a post-accident journal or notebook. It serves as a detailed timeline of the accident and your injury. It also can be used to show proof of pain and problems resulting from your accident. Document pain levels and loss of enjoyment of life or ability to perform daily activities.
Consult With a Head Injury Attorney
Speak with a personal injury attorney to discuss the specifics of your claim. You may be entitled to recover compensation for economic and non-economic losses experienced because of the accident.
Compensation You May Recover if You Get a Head Injury While Wearing a Helmet
Head injury victims may be eligible to receive compensation to recover money for expenses resulting from the accident that they shouldn't have to pay anything for, especially when the accident wasn't their fault.
Professional Damages
Professional damages are financial losses incurred because your injury prohibited you from working temporarily or permanently. Your head injury claim will consider:
- Lost earnings or salary
- Lost bonuses
- Loss of promotion
- Loss of benefits
Keep copies of pay stubs, income earning reports, tax documents, and a statement from your employer noting missed work, bonuses, promotions, benefits, or other financial losses due to your accident.
Property Damages
Any property damages resulting from the accident, including vehicle, helmet, clothing, smartphone, or any other personal property damaged or destroyed in the accident, can be recoverable compensation.
Medical Damages
All medical expenses sustained after an accident are recoverable damages in a head injury claim or lawsuit. Some of these expenses include:
- Emergency services and hospital stays
- Doctor and specialist bills
- Rehabilitation service invoices
- Medical devices and implants
- Travel time and gas expenses to and from medical appointments
Keep copies of all medical billing statements and receipts for out-of-pocket expenses, such as office copays and prescription drug costs.
Non-Economic Damages
Non-economic damages, also known as general damages, are intangible losses that are subjective and challenging to quantify in monetary terms. They compensate for the physical, emotional, and psychological toll the accident causes, such as:
- Physical and chronic pain disorders
- Psychological trauma
- Emotional distress
- Decrease in quality of life
- Disabilities and permanent impairments
Remember, the best way to prove non-economic damages is by documenting it in a post-accident journal. Include entries about your pain levels and emotional state.
Wrongful Death Damages
In the event you suffer the loss of a loved one, you may be eligible to recover financial damages encountered due to the accident. For example:
- Medical expenses related to the accident received before their death
- Funeral, burial, or cremation expenses
- Loss of income and earning capacity of the deceased loved one
- Loss of services and support
- Decreased quality of life
- Loss of consortium (companionship and love)
Families may also benefit from documenting the non-economic portion of these wrongful death damages in a post-accident journal. It grants you a better chance of proving them to the insurance company or court system.
How Are Head Injury Damages Calculated?
Head injury damages are calculated by collecting all evidence of economic damages and determining the monetary value of intangible losses suffered because of the accident.
Because non-economic damages are more challenging to prove, consulting an attorney to advise you on how to document this for evidence is highly advised to ensure a successful and sizable settlement of your case.
How Long Does it Take to Get a Head Injury Settlement?
Many factors determine the timeline of a head injury claim. However, most victims want to (and should) wait until they have recovered to the fullest extent possible before settling their claims; this can take months to several years in some cases.
Check with your attorney to determine specific statutes of limitations, as they vary by state jurisdiction.
How Can an Attorney Help Me Get Compensation for a Head Injury?
Having an experienced personal injury lawyer work your head injury claim comes with many benefits. Some big factors to consider include:
Navigate the Entire Legal Process on Your Behalf
Attorneys are highly educated and skilled at navigating the legal process and system. Their services include meeting filing deadlines, organizing paperwork, negotiating, and presenting your case to insurance adjusters and opposing prosecution.
Thoroughly Investigate Your Head Injury Case
Your lawyer will comprehensively investigate your head injury case to establish liability in your claim. Their process involves:
- Gathering evidence like police reports, witness statements, photos, and video footage of the accident
- Interviewing eyewitnesses
- Examining the helmet and determining any manufacturer liability
- Recreating the accident scene with accident reconstruction specialists
After collecting the evidence and recreating the scene, your lawyer will analyze all the data and present their findings to the insurance company.
Determine Your Losses and Calculate Damages
A full assessment of your damages is another valuable service that ensures you pursue maximum compensation. Your attorney will tally up economic expenses like lost income, medical bills, and any non-economic damages suffered.
Communicate and Negotiate With Insurance Claims Adjusters
Communications and negotiations with insurance claim adjusters can be overwhelming and stressful when you don't know what you're doing. Insurance companies are notorious for using tactics designed to delay or deny liability.
Hiring a personal injury lawyer to utilize their negotiating skills leads to higher settlement offers and prevents insurer shenanigans that may dismiss your claim.
Communicate and Negotiate With Medical Billing Departments
Your attorney may successfully negotiate a reduction in the cost of medical expenses by communicating with billing departments on your behalf. That ensures you keep a higher portion of your final settlement.
Represent Your Legal Rights if Your Case Goes to Trial
Your head injury claim will go to trial if your attorney and insurance adjuster cannot agree on a settlement. Your lawyer will represent your legal rights and proceedings in court.
The process may involve:
- Presenting your case with visual diagrams.
- Calling expert witnesses.
- Appealing to the jury and judge to award you compensation for all damages incurred from the accident.
How Much Does It Cost to Hire a Head Injury Lawyer?
Most personal injury lawyers work within a contingency fee arrangement. That means there are zero upfront costs to speak with an attorney and no continued costs while handling your case. When hiring your attorney, ask about their contingency fee. It's typically a percentage of final compensation that is only collected if they win your case.
Call A Personal Injury Attorney Today
Speak with an experienced personal injury lawyer skilled in head injuries while wearing helmets now to discuss the compensation you may be eligible for in your case.
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Gabriel Levin - Owner/Founder
Gabriel Levin is a highly experienced and award-winning attorney with over 10 years of practice in Pennsylvania. Known for his tenacity, he has represented clients in a wide range of civil matters and tried hundreds of cases. He prepares each case as if it will go to trial, ensuring meticulous attention to detail.
Unlike many firms that delegate tasks, Attorney Levin personally handles every aspect of each case and maintains open communication with his clients throughout. He has secured millions in compensation, making him a smart choice for those seeking legal representation.
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