Motorcycle Accidents and Psychological Injuries
A motorcycle accident can result in a psychological injury.
Seek the assistance of an Arcadia Motorcycle Injury Lawyer if you have been injured in a motorcycle accident. Most motorcycle accident lawsuits are based on negligence. A motorcycle accident injury lawsuit is complex. It is best left to the expert – an Arcadia Motorcycle Injury Attorney. Several elements must be proved by the plaintiff in any negligence case: (1) that a duty of care was owed to the plaintiff; (2) the standard of care in the given context; (3) that the defendant’s behavior fell below, or breached, the duty of care; (4) that the plaintiff was injured in some legally relevant way; (5) that the defendant’s behavior caused the injury; and (6) that the plaintiff suffered damages. An Arcadia Motorcycle Injury Lawyer has the skills and expertise required to prove negligence.
An Arcadia Motorcycle Injury Attorney can prove causation. Causation must be proved. There cannot be a claim without causation. Causation is tested with the but for test, which asks, but for the negligent act, would the injuries have resulted? If, on a balance of probabilities, a judge or jury decides that the injury would not have occurred but for the negligent behavior of the defendant, then causation is proved. An Arcadia Motorcycle Injury Lawyer will review your case and collect the required evidence to prove causation. In some contexts, especially if competing causal factors are at play, courts also apply a material contribution test. Within the context of applying the but for or material contribution tests, courts rely upon the interrelated concepts of proximity, remoteness, and foreseeability. If a putative cause is considered to be too remotely connected to the injury, then it is not considered to be a proximate cause, and causation will not be made out. If an injury is deemed not to have been foreseeable by the defendant, then causation may not be made out. Don’t lose out on the compensation you rightly deserve for your injuries. Contact an Arcadia Motorcycle Injury Attorney now.
An Arcadia Motorcycle Injury Lawyer is aware that motorcycle injury victims often suffer from psychological injury. There have been several restrictions placed on recovery in psychological injury cases, such as the requirement of physical impact, injury, or a physical manifestation of the psychological injury. An Arcadia Motorcycle Injury Attorney can review your case and advise you if you can claim compensation for psychological injuries. The law restricts recovery for psychological injuries in various ways. Often, there are multiple possible causes of a plaintiff’s injuries, which is not only a relevant issue legally, but also in terms of a mental health professional’s assessment (i.e., to determine which of several possible causes actually led to the psychological injuries). This situation may arise in cases involving a preexisting condition (e.g., an anxiety disorder), or in cases where other traumas may have caused the psychological injury (e.g., a different accident or assault, etc.). The presence of multiple possible causes of psychological injury will be a major focus of litigation, for it represents to the defense an opportunity to negate liability. An Arcadia Motorcycle Injury Lawyer can help you get compensation for your psychological injuries.