Like physical injuries, compensation for psychological injuries is possible. When an accident is traumatic or physical injuries are severe; a biker can suffer mental pain. If you’ve been in a motorcycle accident and have suffered from psychological injuries, here’s what you need to know about claiming those injuries in an insurance claim or personal injury lawsuit.
Psychological Injuries are Still Injuries
While psychological injuries are more difficult to quantify than physical injuries, the medical profession still acknowledges that they exist. If you’ve had to pay for medical care for your psychological injuries, then these medical expenses should be covered under your insurance policy, especially if you have additional medical payments coverage.
In addition to actual medical bills, most insurance policies will also reimburse a policyholder for pain and suffering. Damages are usually calculated using a daily rate method or a multiplier method. There may be one loophole for the guilty party, however. If you weren’t wearing a helmet or wearing a non-DOT approved helmet at the time of a head injury that resulted in psychological aftereffects then the other driver may be able to assign some fault to you.
A Personal Injury Suit and Damages for Psychological Damages
If you and the insurance company cannot agree on a sum, you have the right to file a personal injury lawsuit against the at-fault party. In a personal injury suit, damages for psychological injuries and pain and suffering are recoverable. You have two years to file a personal injury claim in Pennsylvania.
During the lawsuit, you will have to prove the negligence of the at-fault party. Once the fault is established, you will need to show that your injuries (psychological and physical) would not have been sustained if not for the at-fault party’s negligence or error that caused the accident.
Of course, during a personal injury lawsuit, a plaintiff can also seek recovery of all economic damages as well, like the costs of medical expenses or lost wages.
I Was Psychologically Injured in My Motorcycle Crash: What should I do now?
The steps in filing a motorcycle accident claim progress as follows.
- Make sure that you have enough medical evidence to document the injuries
- Reach out to an attorney for help in filing your claim
- Have your lawyer negotiate a settlement amount
- If no solution is possible, have your Pennsylvania motorcycle crash attorney file a personal injury lawsuit
At Saile & Saile LLP, we’re ready to represent you. Learn about the services we offer for motorcycle accident victims by visiting our website, or by contacting one of our attorneys today at 215-642-2335.