Accidents can be traumatic, resulting in physical injuries, mental anguish and emotional distress. But can you make a claim for mental anguish if you were injured in an accident through no fault of your own? How does the law cover this type of claim?
What Is Mental Anguish?
Mental anguish is a type of non-economic damage that may be awarded to people who have suffered emotional trauma due to an injury. The court will make a determination on the monetary amount based on the severity of the distress or suffering caused by the accident. Generally speaking, mental anguish is viewed as any negative emotions resulting from physical pain or emotional distress. This could include things like depression, anxiety, fear, humiliation, shock or grief.
Can You Claim Mental Anguish?
The short answer is yes. If you have experienced mental suffering due to an injury caused by another person's negligence or wrongdoing, then you may be able to seek compensation for your pain and suffering. However, it's important to note that each case is different and always depends on individual state laws and the specifics of your situation. To make sure that your rights are protected and you receive fair compensation for your losses, always use an experienced personal injury lawyer.
What Sort of Proof Is Needed?
In order for a court to award damages for emotional distress or mental anguish, the plaintiff must prove that they suffered actual harm due to the defendant's negligence or wrongful act. This means providing evidence of such things as psychiatric records or medical bills related to treatment for emotional distress and depression following their injury. In addition, when you build your case and in order to determine how much money should be awarded in damages, you must also provide evidence of any lost wages resulting from your inability to work.
Why You Need to Understand the Challenge Involved
Remember that it can often be more challenging to prove that you are suffering from mental anguish than if you were dealing with a physical injury. You may need to bring in specialist, independent experts to provide proof to help bolster your case. This is another reason why you should employ the services of a skilled personal injury solicitor from the outset. They will have come across this type of case before and can give you the advice and guidance that you need. It could make all the difference when it comes to the success of your case and the damage award.
Reach out to a local compensation claims lawyer for more information.
If you have been injured while at work, you may be thinking about making a personal injury claim. On this blog, we aim to provide you with all of the info you need to make a successful claim. We would like to issue a disclaimer that we are not legal professionals. However, we are all very passionate about this subject and we hope that our passion shines through in the articles we have published here. Read on to find out about the process of making a claim and the ways in which an attorney can help you. Thanks for taking the time to check us out.