Recovering Damages For Emotional Injuries
There are various damages that plaintiffs can recover after a personal injury. Medical expenses, wages, and economic damages are easy to quantify and are the most common damages offered to victims. However, there are some incidences where victims suffer from emotional and mental distress due to an accident or a traumatic experience. Due to a lack of tangible evidence, such as medical bills, establishing damages for emotional distress is a daunting task.
Recent insights into mental health have given legal experts a deeper understanding of the impact of mental anguish. As a result, some courts have awarded damages, even in cases where only emotional harm has occurred. If you believe that you are a victim of emotional distress, it is wise to consult a personal injury attorney to understand your legal options. The following part will elaborate on how someone can recover damages for emotional injuries:
Accessing the Legal Implications Involved
Several legal issues arise when recovering emotional damages. Some federal and state laws limit the amount of money payable for mental distress. Other states have capped the non-economic damages in cases involving physical injuries. The chances are high that some statutory provisions may affect the amount of emotional damages you can recover. Your personal injury attorney will look at the intensity of your injuries, the case, and the legal jurisdiction before advising you. The law recognizes that physical injuries impact people's lives, leading to several life-long complications.
Having Proper Documentation
The first step in determining your level of emotional distress is by ensuring you have the necessary documentation. Your doctor can provide compelling evidence that connects the accident to mental issues, such as insomnia, anxiety, and behavioral problems. Your personal injury attorney can use your medical records, work records, witness statements, and personal journals to depict the impact of your mental distress on your life. It would be best if you kept a journal from the day the accident happened to record the various changes happening to your life. With sufficient evidence, you will have a strong claim and improve your chances of recovery.
Timing is Essential
If you delay your claim, the judge may turn down your request to recover the damages. The opposing party may argue that other events in your life may have led to your emotional distress, barring them from any responsibility. You should see your personal injury attorney as soon as you experience emotional distress after the accident. These experts can look at your case and determine whether or not the separate events are connected. While some mental issues take time to manifest, you should prove to the judge that the distress began after the traumatic incident.
For more help, contact a personal injury law firm, such as the Law Office Of Carlos Molinar, to learn more.