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Can I Recover Compensation for Emotional Distress After a Motorcycle Accident?

A motorcycle under a truck after being hit and the driver was taken to the hospital. The rider may need to make a claim for their emotional distress.

If you are involved in a motorcycle accident, the consequences may be severe. You could face severe pain and suffering due to someone else’s negligence, but receiving compensation can help. Keep reading to find out how a motorcycle accident lawyer can help you seek compensation.

Motorcycle Accident Statistics

Motorcycle accidents occur with astonishing regularity. These incidents account for more than 15% of traffic accidents despite motorcycles being only a tiny portion of vehicles on the road. Motorbike riders who weren’t at fault deserve compensation.

Accident victims may suffer a range of injuries. From simple road rash to long-term emotional anguish, the impacts are varied. Motorcycle accident attorneys can help you to recover compensation.

Causes of Motorcycle Accidents

Motorcycle accidents can be caused by many factors. Some of the most common include:

  • Negligence from drivers
  • Poorly-maintained road surfaces
  • Motorcycle defects

Whatever the cause of your motorcycle accident, if it wasn’t your fault, you may be entitled to receive compensation. If an accident occurs due to a poorly-maintained or signed roadway, you may be able to pursue damages from the local highway authority.

What Is Emotional Distress?

Legally, emotional distress is defined as emotional damage caused by another person, either deliberately or negligently. This applies in the case of a motorcycle accident, as victims are likely to be extremely distressed as a result of a crash.

Getting Help for Emotional Problems

If you face difficulties with paying your medical expenses due to the pain and suffering resulting from the crash, you could make a personal injury claim. You may also receive non-economic damage due to the emotional distress you suffered or reduced quality of life.

Making an Emotional Distress Claim

As part of your personal injury lawsuit, you may demonstrate you are suffering from emotional distress. This could include a variety of mental conditions that develop in the aftermath of a traumatic event.

If you are showing any signs of difference in your outlook on life or the way you feel day to day, you might be suffering from emotional problems. Doctors can also help you to understand what problems are impacting you.

Potential Impacts of Motorcycle Accidents

There is a wide variety of severe injuries you could receive in a motorcycle accident or car accident. These range from small scrapes and scratches to severe physical injuries and prolonged emotional pain. It’s important to be open with your attorney about any negative impacts you feel the crash had on your life.

Don’t fall into the trap of thinking you should simply suck things up and get on with your life. If you were in a motorcycle accident that wasn’t your fault, you have every right to receive compensation.

Post-Traumatic Stress Disorder

Post-traumatic stress disorder is one of the most common forms of emotional distress you could receive in a motorcycle accident or car accident.

The symptoms include flashbacks, mood swings, and severe anxiety. Accident victims may need to pay for counseling sessions or face lost wages as a result of this issue. Mental anguish is just as important as physical pain when it comes to claiming compensation.

Panic Attacks

Many motorcycle accident victims suffer panic attacks. This is a feeling of sudden, intense anxiety or terror. The likelihood of such an incident is greatly increased after a traumatic incident like a motorcycle crash.

This is a form of mental anguish that can cause lost income or future medical costs in the form of counseling bills. Personal injury law allows you to recover compensation for emotional distress damages.

Emotional Injuries

General emotional injuries are often the result of a motorcycle crash or car accident. You may find yourself experiencing mood swings or struggling with everyday situations in the aftermath of a crash.

Although these issues may not be as visible as physical injuries, they are still a very real form of pain. You may wish to claim non-economic damages to aid you in your recovery. A little extra money can help to make life easier for you, and in turn, that means you can devote more time and effort to feeling like your old self again.

Physical Injuries

Physical injuries are very common after motorcycle accidents. Broken bones, road rash, head injuries, and more can all come from an accident. These issues can cause you to rack up big medical expenses and face lost wages.

Suffering from physical pain is another good reason for crash victims to recover compensation. Personal injury lawsuits can help you to recover damages for all of these issues.

Claiming for Emotional Distress for a Personal Injury Lawsuit

When you begin your personal injury lawsuit, your lawyer will talk with you to discover how the claim should progress. Your claim may include physical injuries, emotional distress, or both. Although you can claim lost wages and medical expenses, you can also pursue compensation for non-economic damages like emotional distress.

You will have more success if you provide documents relating to your motorcycle accident, including the relevant police report, evidence of medical bills, and any other information the attorney requests.

Claiming for Medical Bills

As part of your emotional distress claim, you may wish to claim medical bills. If the other driver in a motorcycle accident or car accident was at fault, their insurance may pay out for any damage you suffered.

Compensation can help to make daily life easier for you and allow you to manage your medical bills. Expenses after a motorcycle crash can get out of hand quickly.

Who Pays Damages?

The person or group who pays any damages you are awarded will depend on the nature of your case. If your accident occurred as a result of another driver, they may have to pay the compensation themselves. Or else their insurance provider may need to compensate you for your injuries.

In some cases, vehicle manufacturers, local governments, and even police can be held responsible. Your lawyer will help you make a strong economic damages claim against the right person.

Proving Emotional Distress

It’s not enough to just say you have emotional distress. You will need to prove it if you want to earn compensation. This is best done by asking medical professionals for help.

A signed document from your doctor or a psychologist indicating you are suffering from emotional suffering is important. Your accident lawyer will help you to gather this evidence.

Proving the Accident Wasn’t Your Fault

In most cases, you will only be able to seek compensation if the motorcycle accident was not your fault. As part of your motorcycle accident case, you may be required to prove this.

Eyewitness testimony can help to establish that you weren’t at fault. If an at-fault driver puts you in a dangerous situation, you’ll have a much better chance of being able to recover damages.

Average Compensation Claims for a Motorcycle Accident

If you are in a motorcycle accident or car accident, you can expect to receive substantial pain and suffering damages. The average legal damages awarded to crash victims is somewhere around $80,000. This sum will help you to pay for emergency care, property damage, and more.

As long as you work with an experienced lawyer to explain the pain and suffering you’ve experienced as a result of the crash, you should be able to recover damages.

Other Claims

Victims can claim compensation after experiencing other types of pain and suffering. For example, accident victims could make a claim based on physical pain, emotional pain, property damage, or other injuries suffered. The average car accident or motorcycle accident can cause untold pain and suffering to crash victims.

Property Damage

Property damage often occurs as a result of a motorbike crash. Your bike or other belongings could sustain severe damage in an accident. You can claim economic damages to help replace these items.

If you have suffered in the aftermath of a motorcycle accident, and you want to make a claim, you’ll need an experienced attorney to help you. Call Brian C. Gutierrez today at 979-271-5338 to schedule your free consultation today.

Contact a Bryan, TX Motorcycle Injury Lawyer Today

There are many factors that are considered when preparing a case for a client injured in a motorcycle accident. Showing that the other driver was at fault is critical to a successful outcome. We can investigate your personal injury claim, look for evidence to support your claim, interview witnesses, and consult with experts, as needed, to prepare your case for settlement negotiations or trial in Bryan or College Station.

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