Kaufman & Stigger, PLLC helps motorcycle accident victims in Louisville by answering their questions. When you’re in a motorcycle accident, it’s not just your physical injuries you need to worry about–you also have to deal with the emotional and psychological trauma from the accident. If you want to know what your options are, contact us today for a free consultation.
Can You Get Emotional Distress Damages After a Motorcycle Accident in Louisville?
Simply put, yes. Emotional distress is just one of the many categories of damages that Kentucky law makes available to you when you’re in a motorcycle accident. It’s one of the “non-economic” damages, meaning that it doesn’t come out of actual financial losses like your medical expenses, lost wages, and property damage. Rather, it’s based on the emotional toll of the accident, and is made up of things like:
- Anxiety or fear of riding or even driving after the accident.
- Post-Traumatic Stress Disorder (PTSD), which usually involves flashbacks, nightmares, or panic attacks triggered by memories of the accident.
- Depression, which manifests in sadness or hopelessness, especially if the accident caused long-term injuries or life changes.
- Trouble sleeping due to trauma, pain, or recurring nightmares.
- Difficulty participating in activities you loved, like riding your motorcycle or spending time with friends and family.
- Feelings of anger, frustration, or grief caused by the accident and its impact on your life.
- Tension with loved ones due to emotional challenges or lifestyle changes after the accident.
These damages focus on how your motorcycle accident impacts your mental and emotional well-being, beyond just the physical injuries. But with any motorcycle accident, there’s likely other damages you’ll also have to deal with.
What Other Damages Are There in a Motorcycle Accident Claim?
When you’re in a motorcycle accident, emotional distress is just one category of damages you can get. To get damages, though, you have to actually file a claim by either:
- Filing an insurance claim out of court
- Filing a personal injury lawsuit
The option you choose is totally up to you, but it mostly depends on the circumstances of your accident and your needs. Our team can guide you through either process, but the point is getting additional damages like:
- Medical expenses and ongoing care needs
- Lost income or loss of earning potential
- Repair/replacement costs for your motorcycle or other damaged property
- Costs relating to your physical pain and mental suffering
- Costs relating to any reduced quality of life
- Funeral or burial expenses in fatal accidents
In Kentucky, you only have one year from the date of the accident to file your claim. Missing this deadline means you can’t recover damages at all.
What Can You Do to Strengthen Your Claim For Damages?
After a motorcycle accident, it’s important to show how much the incident has impacted you. Here’s how you can strengthen your claim for damages:
- Get to safety – If possible, move out of traffic to a safe spot. Calling 911 to report the accident to the LMPD will create an official record, which can be crucial for your claim.
- Get checked out by EMTs – Get checked by EMS at the scene, and follow up with your doctor or urgent care. This helps link your injuries directly to the accident, which is important for proving your case.
- Get evidence at the scene – If it’s safe and you’re able, take pictures of the accident scene, vehicle damage, and any visible injuries. Also, get witness statements and any other documents that support your claim.
- Track your damages – Keep a detailed record of all expenses, including medical bills, repair costs, and any lost wages. This will help show the financial impact of your accident.
- Watch what you say – Be careful when speaking with insurance companies. It’s a good idea to consult with our lawyers before giving any statements. Don’t post about the accident on your social media, since anything you say can be used against you.
- Work with the investigation – Provide clear and accurate information to the police and insurance adjusters. This helps support your claim and strengthens your position.
Taking these steps helps build a strong case for your emotional distress and other damages. But again, a motorcycle accident in Louisville is almost always challenging–both physically and emotionally. That’s where our team at Kaufman & Stigger comes in. We start by investigating the accident, gathering evidence, and handling communication so nothing hurts your case. Our team will negotiate with insurance companies to get you a fair settlement, and if necessary, we’ll take your case to court.
Our goal is to make the legal process easier, so you can focus on getting better while we handle the rest. Contact us today for a free consultation.
