Being hurt in a car accident may do more harm than the actual physical injuries. You also may suffer harm due to stress, mental trauma and emotional pain and suffering. Some people may be skeptical about the psychological harm of being injured, but emotional distress is a real injury. It is just as deserving of compensation as any physical injuries you suffer.
Linda Khorozian – Serious Injury Attorney in New Jersey (201) 944-9200.
Overview of Non-Economic Damages
Emotional distress is a type of non-economic damage that you can claim when you file a personal injury lawsuit, or initiate settlement negotiations. Non-economic damages is a reflection of the pain and anguish you feel both mentally and physically due to your accident injuries.
Physical and mental trauma do not have a clear dollar value, so the compensation that you get for these damages are usually expressed as a multiplier that is applied to your total medical bills associated with mental health treatment. If you did not receive care for mental health after your accident, your personal injury attorney needs to express the mental and psychological harm you suffered in other ways.
See also…Who pays my medical bills after an accident?
Note that it is possible that emotional trauma can result in economic damages. A serious car accident may leave you shattered with PTSD, depressions or anxiety. These serious psychological conditions can require you to receive medical treatment from a mental health professional. You may also require prescription drugs to get you through this emotional crisis. If you have medical bills for psychological treatment, this can be a portion of the economic damages provided at settlement.
Emotional Trauma and Personal Injury Claim Tips
Still, the major way that emotional trauma affects a personal injury claim is through non-economic damages. If you have had any sort of emotional distress associated with your accident, it is vital to work closely with your personal injury attorney. These emotional and psychological impacts need to be documented clearly and precisely. Some attorneys will recommend you keep a daily journal to detail your emotional state after the accident.
It is a good idea to describe the ways that your mood has been affected by the accident. Also, note if you are unable to take part in activities that you used to enjoy. This could be for physical or mental reasons after your accident. If you are not able to take part in activities you once treasured, you may be entitled to non-economic damages.
It is generally easiest to obtain compensation for emotional distress if you did not have any psychological issues before the accident. But if you had anxiety, depression or another mental health problem before the accident, you still can be compensated for that condition being exacerbated by the accident.
Talk to an Attorney About Emotional Distress Damages
If you have been injured in an accident due to the actions of another, you may be entitled to compensation for your emotional distress. An experienced personal injury attorney can help you to assign a dollar value to the pain and suffering you have endured both mentally and physically since the accident. Please call (201) 944-9200 for a free consultation.
