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Friday, April 27, 2018
Traffic accidents, including motorcycle accidents, happen daily in the United States. However, what one person experiences could be entirely different from another. Even in the same accident, one person could have a traumatic emotional response, while the other walk away emotionally unscathed. In some instances, the emotional trauma does not show up for days or even weeks, but that emotional scarring is so severe that it affects your everyday life.
For those with severe emotional trauma, they may be diagnosed with Post-Traumatic Stress Disorder (PTSD). PTSD is not diagnosed with normal emotional responses either, such as guilt, anger, or even minor depression following a motorcycle accident. Instead, it is reserved for those psychological symptoms that are so strong they impede your ability to live your life.
One study found that PTSD is a severe psychological consequence associated with catastrophic motor vehicle accidents and motorcycle collisions. They found that PTSD was prevalent in instances where there was an actual or threatened death, severe injury, or a threat to a person’s body – leaving them disabled.
What is important to realize here is that there are rational post-accident responses, and then there are the symptoms of PTSD. PTSD is much stronger, and the anxiety of it affects your quality of life. Typically, the post-traumatic response will fade over time, but when the feelings do not go away, or you notice them intensifying, you should seek immediate medical attention.
PTSD can change how you act, think, and interact with loved ones. The feelings are so strong that they get in the way of your everyday lifestyle. Some problems associated with PTSD include, but are not limited to:
If you do have PTSD after a motorcycle accident, it will impact your life rather significantly. Motorcycle accident victims could:
The symptoms of PTSD affect you the rest of your life if you do not seek treatment. They could affect your ability to work, interact with family and friends, or even receive medical care.
Luckily, PTSD is not an uncommon occurrence. Therefore, you have multiple options for coping with your PTSD and the feelings that come after a catastrophic accident. Some ways you can learn to deal include:
If someone’s recklessness, purposeful acts, or negligence caused your motorcycle accident and you developed PTSD as a result, you can file a lawsuit and seek damages. To establish that your PTSD came from the accident, your attorney will need to have expert witnesses testify about your condition and its onset, but also present your medical records and have you testified about the trauma you experienced.
Some of the items your attorney will need to convince the jury of include:
When your PTSD claim is genuine, you may also file a claim for emotional distress, which encompasses more than just the PTSD, but any emotional trauma you suffered.
In a motorcycle accident case, you are likely to file for a negligent infliction of emotional distress, which means the negligent or reckless acts of the defendant caused your injuries, and therefore the defendant is liable for the damages.
PTSD is a complicated psychological disorder, and you may have difficulty showing that your PTSD is legitimate or that it stems from the accident without the help of an attorney. Your attorney will need to hire expert witnesses, and they will play a critical role in bridging the gap between your diagnosis and the accident.
When a legal issue goes beyond the average person’s comprehension, you need an expert witness to testify and explain how the issue raised and share their opinion on whether you genuinely suffer from that condition.
Most people do not understand PTSD. While they have heard of the term, they do not understand what causes it nor do they comprehend the impact it has on the rest of a person’s life. An expert witness is there to assess the situation for them, and they can share their opinion on your severity of PTSD, the cause, and prognosis. Realize that the defense too will have a witness, but their witness will be there to disprove your PTSD or downplay it.
An expert witness is there to explain to the jury what the medical industry requires to diagnose a person with PTSD, and if you meet that diagnostic criterion. Furthermore, they will testify about any interviews they have had with you, what they see in your medical records and their conclusions about whether the motorcycle accident caused your PTSD.
A fact witness is not as in-depth. Instead, they may be there to provide additional testimony about symptoms they have witnessed themselves, how your PTSD affects you, and any insight they might have. A fact witness might be a spouse, family member, or friend who has daily interaction with you after the motorcycle accident.
Expert witnesses could be your treating physician, a psychologist, or another person that practices in a field that makes them qualified to assess and share an opinion on your PTSD.
If you have PTSD following a severe motorcycle accident, you may be entitled to additional compensation for your emotional distress.
To see what compensation you have available to you, contact an attorney from Malman Law. Schedule a free consultation with our team today at 888-307-2051 or request an appointment online. There is no obligation to meet with our attorneys, and you do not pay our team unless we secure compensation for your injuries.
They area very helpful and when it come to getting things done with your case I had the pleasureof working with Jason Kellerman he was awesome I highly recommend them.
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I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!
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I’ve been knowing about this Law firm for many years through friends, referrals & advertisements , never I thought I would need their services , because I believed things & situations don’t happen to me like this , long story short I was in situation that I needed help & advice!!! The right direction , I connected with the Firm & a very patient , understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care !
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I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
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Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If your interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!
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I have had an amazing experiences with Malman law so far. From the start Dan was super easy to work with, got me the medical attention I needed and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.
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Hi I just want to acknowledge Jay McCarron, Kelly & the Firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would Highly recommend you and your firm to friends & family. E. P.
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I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!
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Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the repairations of the accident. We would recommend their services!
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Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me an my daughter.
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I cannot give enough praise to the team at Malman Law, for helping with my case . My children were involved in a auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.
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A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.
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Bella Feinstein, Jason Kellerman, and Terry Davey, have been instrumental in helping me though many difficult situations. Not only did they work to get my mom a settlement, they have continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
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Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, takes time to listens to his clients and gather facts accordingly.
- Steve Acosta
Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.
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Dan Petrich was the best man for my case of falling through my porch of a apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars
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Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!
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My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained next steps and got my case to resolved early. I would highly recommend Malman Law.
- Ashley Jenkins
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2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim