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Motorcyclists face a wide range of injuries in an accident, from soft tissue injuries and fractures to spinal cord and head injuries. In some cases, especially severe ones, a rider may suffer emotional trauma in addition to their physical injuries. Understanding how emotional trauma factors into a claim, the tactics insurance companies use, and how a condition like cervical radicular pain is treated can help Urbana riders protect both their health and their legal rights.
Emotional Trauma After a Motorcycle Accident
Iowa motorcyclists pursuing a liability claim or lawsuit against a negligent driver can factor emotional distress into their claim, alongside compensation for physical injuries, provided this trauma is properly documented and connected to the accident itself.
Post-Traumatic Stress Disorder
Post-traumatic stress disorder may develop following a traumatic event like a motorcycle accident. According to the National Institutes of Mental Health, PTSD symptoms are grouped into three categories.
- Re-experiencing, including flashbacks, nightmares, and thoughts about the incident
- Avoidance, including avoiding certain events or actions, emotional numbness, guilt, depression, and difficulty remembering the event
- Hyperarousal, including being easily startled, edginess, trouble sleeping, and intense episodes of anger
Head Injuries and Depression
Head injuries are a major concern for motorcyclists in the event of an accident, which is part of why safety groups recommend helmet use by all riders and passengers. Researchers have studied the connection between traumatic brain injury and depression. One study found that a third of participants developed major depressive disorder within the first year after sustaining a traumatic brain injury, concluding that major depressive disorder is a frequent complication of such injuries. Another study found that chronic stress was significantly and positively related to depression following a traumatic brain injury, stress that may be related to the recovery process and other factors after a serious injury.
Emotional Trauma in a Motorcycle Accident Claim
A motorcycle accident claim will account for medical expenses related to physical injuries like head injuries and spinal cord injuries. It may also account for emotional trauma after the accident, including mental health assessments, counseling, treatment, and mental anguish. Keep in mind that failure to wear a helmet might reduce a settlement if you suffered head injuries, since the insurance company or defendant might argue helmet use could have prevented or reduced the severity of the injury. It is worth discussing with your attorney how helmet use may factor into your claim and whether it could affect emotional or noneconomic damages.
Emotional trauma is a real and compensable part of a motorcycle accident claim. Our motorcycle accident attorneys can help Urbana riders account for both the physical and emotional toll of a crash.
What Insurance Companies Don't Want You to Know
Insurance companies are among the wealthiest and most powerful corporations in the country, and their adjusters are trained to pay accident victims as little as possible. Understanding a few realities about how they operate can help protect an Urbana motorcycle claim from the start.
The Insurance Company Is Not Required to Be Fair
There is no law requiring an adjuster to tell you the truth or act in your best interest. Adjusters can be friendly and build trust, especially when injuries are serious, but their job is to minimize what they pay. It is a mistake to assume an adjuster is looking out for you.
You Do Not Have to Give a Recorded Statement
An adjuster may claim they need a recorded statement to evaluate your claim, but you are under no obligation to provide one. Recorded statements are often used to ask questions in a way that can later be used against you, particularly around prior injuries or health history.
A "Final Offer" Often Is Not the Best Offer
Insurance companies frequently describe an offer as final when it is not. There is little to lose by proposing a counteroffer, and in some cases pursuing a lawsuit is the only way to reach the company's actual best offer.
Your Medical Bills Won't Be Paid as They Come In
An adjuster may ask you to send your medical bills, but that does not mean they will be paid promptly. This delay is sometimes used to pressure injured people into settling cheaply once collection calls start coming in. It is generally best to have bills paid through your own health insurance while your claim moves forward, rather than waiting on the at-fault party's insurer.
Understanding these tactics ahead of time puts an Urbana motorcycle accident victim in a much stronger position. Insurance adjusters handle claims every day, while most riders only go through this process once, which is exactly why having someone in your corner who understands these tactics from the start can make a real difference in how your claim turns out.
Treating Cervical Radicular Pain From a Motorcycle Accident
Radicular pain, or radiculopathy, is a condition in which the nerves stop working properly because of a malfunction at the root of the nerve, caused by disease or trauma. It can result in pain, numbness, weakness, and problems with motor control, and even though the problem occurs in the spinal area, the pain is often felt in other parts of the body. Many cases occur in the cervical spine, resulting in severe neck pain and related symptoms.
What Causes Cervical Radicular Pain
In many cases, a herniated disc, usually the result of trauma such as a motorcycle accident, causes cervical radicular pain. It can also result from arthritis or other degenerative bone disease. Material from a ruptured disc can put pressure on the nerve root, compressing it and causing pain.
The Epidural Nerve Block Procedure
Many patients try conservative therapies first, including corticosteroids and pain medication, whether injected or taken orally, along with physical therapy that may include cervical traction. When conservative treatment fails and pain becomes intolerable, an epidural nerve block procedure may provide relief before surgery is considered. This procedure involves injecting a corticosteroid into the epidural space of the spine, using a fluoroscope for real-time X-ray imaging along with a contrast medium to make sure the needle is placed correctly. The injection typically includes a local anesthetic like lidocaine along with the corticosteroid, and pain relief is monitored afterward. This procedure is minimally invasive and can be an excellent alternative to surgery, with complications generally slight, including a small risk of infection, minor bleeding, or mild pain around the injection site.
Compensation for Cervical Radicular Pain
Living with cervical radicular pain is not easy. Life can become centered around pain management, and patients may be unable to work, sleep, or enjoy everyday activities. If this condition results from an Urbana motorcycle accident that someone else caused, you may be able to recover compensation for medical bills related to treatments like an epidural nerve block procedure, along with lost wages, pain and suffering, and other damages.
Because cervical radicular pain often develops or worsens in the weeks after a motorcycle accident, keeping your doctor informed of new or ongoing symptoms is essential. Consistent documentation of your pain and treatment strengthens the connection between the injury and the accident itself, which matters a great deal when it comes time to pursue compensation.
How an Urbana Motorcycle Attorney Can Help
Whether you are coping with emotional trauma, dealing with an insurance company that is not looking out for you, or managing a condition like cervical radicular pain, an experienced attorney can help make sure your claim reflects the full extent of what you have been through. From documenting the physical and emotional toll of the accident to negotiating with the insurance company, the right legal guidance can make a meaningful difference in your recovery.
Consulting a Urbana Motorcycle Accident Attorney
The toll from severe motorcycle injuries can encompass substantial medical expenses and long-term care costs for victims and their families. Lost wages may compound matters, especially if employment becomes unrealistic for an extended period. Getting help from a motorcycle accident attorney allows the pursuit of comprehensive compensation, from financial damages and emotional distress such as pain and suffering.
Victims of these accidents should seek consultation with a motorcycle accident attorney, as damages may be extensive and recovery of compensation is important.
At Walker, Billingsley & Bair, our motorcycle accident attorneys can represent you in dealings with your insurance company, or when filing a personal injury claim. Set up your consultation now by calling 641-792-3595.