Personal injury claims are typically associated with physical injuries sustained in car crashes or slip-and-fall incidents. However, emotional trauma can be just as damaging as physical injuries and is also compensable damage in personal injury claims. Emotional trauma can occur in various situations, and it is important to understand how it can impact a personal injury claim.
Difference Between Emotional Trauma and Personal Injury Claims
Emotional trauma can be caused by any traumatic, frightening, or distressing event. Some common causes of emotional trauma include car accidents, medical malpractice, sexual assault, and workplace accidents. Emotional trauma can lead to various symptoms, including anxiety, depression, nightmares, flashbacks, and difficulty sleeping.
In a personal injury claim, emotional trauma is considered non-economic damage, which means it does not have a tangible value like medical bills or lost wages. Instead, emotional trauma’s value is determined by its impact on the injured person’s life. For example, if the injured person is unable to work due to emotional trauma, the value of their claim may be higher.
To successfully claim emotional trauma in a personal injury case, the injured person must prove that the trauma was caused by the accident or incident that led to their physical injuries. This can be challenging, as emotional trauma is often not immediately apparent and may take time to develop.
In addition to proving causation, the injured person must also provide evidence of the severity of their emotional trauma. This can be done through medical records, witness statements, and testimony from mental health professionals. Working with a professional personal injury lawyer can help ensure the injured person’s rights are protected, and their emotional trauma is adequately compensated.
It is also essential to note that emotional trauma can impact the injured person’s ability to pursue their case. For example, if the injured person is too anxious or depressed to attend court hearings, it may be challenging to prove their case. In these situations, working with an experienced personal injury attorney who can help the injured person navigate the legal process and advocate on their behalf is important.
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