Can You Sue for Emotional Distress After a Motorcycle Head Injury?

Have You Been in a Motorcycle Accident?

Listen. We understand that you have an image to maintain. You’re a biker. You’re tough and nothing gets to you, and you better believe you never complain. But when you experience the types of emotional trauma that come along with the physical pain of your injuries after a motorcycle accident, you may realize that you need help. That’s doubly true when it comes to head injuries that have the possibility of changing your life, affecting your ability to work, and your ability to enjoy what you used to love.

There’s no shame in asking for help. And as our client, you can count on compassionate legal counsel and discretion.

If you’re ready to take your life back but you don’t understand emotional damages, call FinnTrial Attorneys APC at 619-375-5105 to schedule a free consultation.

What is Emotional Distress?

Not every injury leaves scars you can see. When someone suffers a head injury, their emotions can become unpredictable. Some people never get back on their bike again after a serious motorcycle accident. Others never go back to work again because of their injuries. All of this will have a serious impact on emotions.

Emotional distress is the mental or psychological suffering caused by a traumatic event or injury. California recognizes emotional distress as a real compensable harm that is often associated with personal injury claims.

Emotional distress is a phrase used to cover a wide variety of mental and emotional side effects that result from these traumatic events. People suffering from emotional distress may experience:

• Anxiety

• Panic attacks

• Irritability

• Drastic and sudden mood changes

• Nightmares

• Post-traumatic stress disorder

• Difficulties concentrating, performing mental tasks, or making decisions

• Emotional numbness and the feeling of isolation

Your brain is the epicenter of emotional feelings and cognitive ability. Suffering a brain injury not only affects your motor skills, but it can also seriously alter your mood, personality, and ability to regulate your stress and anxiety.

Can You Sue for Emotional Distress?

Seeking compensation for injuries you’ve suffered that don’t show up on an X-Ray is a difficult proposition that requires legal know-how and precision. While you can certainly sue for emotional distress after a motorcycle accident, you will have to prove that these injuries have had a major impact on your life and forced you to change the way you live.

As previously mentioned, “emotional distress” is just two words used to describe a range of injuries. Legally valid conditions where emotional distress claims are valid may include:

• Emotional suffering caused by a diagnosed head injury
  
• Panic attacks, insomnia, or PTSD symptoms
  
• Documented mental health treatment

The key to a valid claim is evidence and strong legal backing. Attempting to take on a personal injury claim on your own could result in receiving far less than you deserve, or even nothing at all.

How Do You Win a Personal Injury Lawsuit?

Winning a personal injury lawsuit or claim isn’t about telling your story; it’s about backing up your claims. You will have to show exactly how someone else’s actions caused your injuries, and why those actions entitle you to compensation.

The Four Elements of Fault

One of the most important parts of a personal injury case is proving who is at fault for your injuries. There are four elements that must be proven in order to hold someone accountable:

• Duty of care: The other party had a legal duty to act in a safe manner. For example, driving safely.

• Breach of duty: They failed to meet that responsibility. For example, they ran a red light or were speeding.

• Causation: That failure directly caused your injuries. For example, they ran a red light and hit you.

• Damages: You suffered physical, emotional, or financial harm as a result. For example, your head injuries led to missed wages, medical expenses, and emotional distress.

You will need a variety of evidence and testimony to win your personal injury case. Some of the most substantial evidence includes:

• Medical records linking the injury to the crash

• Expert testimony from medical professionals and psychologists

• Proof of financial loss in the form of invoices and lost wages

• Photos, accident reports, and witness statements

• Documentation of the emotional or cognitive struggles you have suffered

There is a Time Limit

In California, you only have two years to file a personal injury claim or lawsuit. Missing this deadline means missing your chance to seek compensation. While there are sometimes exceptions for injuries that don’t immediately show their symptoms, you will be required to show why there was a verifiable reason you didn’t file sooner.

Can Finn Trial Attorneys APC Help You Get Your Life Back?

Our team of personal injury attorneys will do everything in their power to help you get the compensation you are owed. To us, you are more than a client; you are someone who desperately wants to be made whole again and move on with your life. You won’t find templates in our office. Just a team who wants what is best for you.

We will help you seek compensation for a variety of damages, including:

• Lost wages

• Loss of capacity

• Pain and suffering

• PTSD

• Loss of enjoyment of life

• Medical expenses

• Future healthcare

• Other out-of-pocket expenses

Call 619-375-5105 to schedule a free consultation with our compassionate personal injury team. You shouldn’t have to suffer in silence for someone else’s negligence.