How Emotional Injuries Are Considered In A Personal Injury Case

Posted on: 5 September 2019

When you are in an accident or you are hurt because of the negligence of another person, your overall injuries often go beyond the obvious physical ones. Your pain and suffering are important too, and this includes your emotional pain after having sustained a serious injury that leaves you without the ability to work for an extended period of time. Establishing mental pain and suffering may take some effort. In some cases, mental pain and suffering may be obvious, while in others the suffering is more subtle. Your mental pain is generally a result of the injuries you sustained and how you are coping as you heal from those injuries.

Financial Distress and Emotional Pain

If your injuries leave you out of work and you have bills piling up, you may be suffering from anxiety or depression as a direct result of your injuries. Even after you are physically healed from your injuries, you may have a hard time returning to work because of depression that was caused by the accident. The inability to pay your bills can be very stressful, and this is taken into account when you file a personal injury claim and seek compensation.

Loss of Enjoyment of Life

If your injuries are severe enough that you are no longer able to participate in activities that you once enjoyed, this is a type of emotional injury. When you are angry because you can't exercise or play with your kids, this is a factor when it comes to your personal injury claim. Accidents are traumatic and can leave you unable to enjoy your life because of fear, anger, or anxiety. When this occurs, it's important to work closely with a therapist to try and overcomes some of these feelings. Your therapist will be able to talk about your emotional pain and provide proof that you have been suffering because of your accident.

Valuating Pain and Suffering

There isn't a direct calculation to figure out the value of pain and suffering. You will want to talk to your personal injury attorney regarding the potential for additional damages when you take into consideration your emotional pain and suffering. This can lead to a substantial increase in your award, but you have to be able to prove your suffering.

When you are in pain physically and emotionally because of injuries you have endured, it's time to seek help from a personal injury attorney who can get you what you deserve.