Involvement in an accident, including a car accident or a premises liability case, that results in injuries can be a traumatic, even life-changing experience. Indeed, your damages may include mental anguish or emotional distress. If you are in such a situation, you may have questions surrounding compensation for psychological injuries.
Two Common Rules Regarding Compensation for Psychological InjuriesThere exist two common alternative rules which govern the manner in which a claim for emotional distress damages can be made. The rule that governs your particular situation depends on your state of residence or where you are pursuing a claim for compensation.
Historically, in the United States and in other countries with judicial systems founded upon common law, in order to pursue successfully a claim for mental anguish, you needed to have some type of physical injury as well. In other words, following an accident, if you suffered mental anguish alone, you were legally unable to pursue a claim for compensation.
This structure still exists in some jurisdictions in the United States today. However, the number of states that require physical injury to assert a claim for emotional distress damages is decreasing.
This transition brings forth the second type of rule governing seeking money for emotional distress damages. In other U.S. jurisdictions, you are able to compensation for psychological injuries whether or not you have any physical injuries as well. This slowly has become the normative rule in the United States.
Proving Emotional Distress Damages in an Accident Case
Never make the mistake that proving compensation for psychological injuries is an easy task. The reality is that this tends to be one of the most challenging aspects of any personal injury case for even the most experience personal injury lawyers.
The reality is that you would be hard-pressed to successfully make a claim for mental anguish compensation without the assistance of skilled personal injury lawyers. There at a number of reasons why this is the case.
First, you would need to have an in depth understanding of applicable laws in your jurisdiction. In the final analysis, only an attorney with a background in this area of the law as a suitable understanding of applicable statutes.
Second, you more than likely will need support from an expert witness or witnesses. An attorney is in the best position to be able to access reliable, reputable expert witnesses who can address the matter of your emotional distress damages.
In order to retain counsel, you need to schedule an initial consultation with one or another of the personal injury lawyers with a background in representing clients suffering from mental anguish. As a general rule, a personal injury attorney does not charge a fee for an initial consultation with a prospective client like you.