After an accident occurs, there are many different types of trauma that you must overcome. There are often the physical injuries that you can and can’t see, and then there’s the mental pain and suffering that occurs.
Suing for mental anguish occurs quite frequently and for just cause. Let’s take a look at the varying types of psychological stress that occurs after an accident and how you can get compensation for your pain and suffering.
What Is Mental Anguish?
Mental anguish is comparable to PTSD. It can be depression, anxiety, fear, stress, sadness, and other forms of trauma that interrupt your daily routines. The most significant factor in such situations, however, is that the personal injury inflicted by another causes the anguish.
The fear or anxiety that’s suffered, however, must go beyond the confines of what’s expected. It’s common that after a car accident, you’d be hesitant to drive again. The mental anguish must be severe enough that it disrupts your ability to live your life normally.
Suing for Mental Anguish
In any type of suit, you must prove that the actions of the accused party are what caused your mental distress. There are many loopholes and gray areas in the legal profession, so your first course of action would be to contact an attorney who’s well versed in your particular type of case.
Sure, you can research on your own, but you’ll learn more from a licensed attorney who knows the ins and outs of the industry and how they apply to your case. Most juries and judges are hesitant when it comes to mental distress claims due to the number of fraudulent claims that have been made. Your lawyer will be able to guide you on how to prove that your demands are as legitimate as you state they are.
Proving the Severity of Loss
Deciding to go through with a case for mental anguish is tricky. Recent studies state that mental anguish cases skew slightly unfavorable if there was no economic loss during the original injury.
“Unlike an economic loss, emotional loss is hard to evaluate and prone to biases,” study co-author Christopher Hsee said in a statement. “When a victim incurs only an emotional loss, people will base compensation on how much they feel the emotional loss is worth. But if the victim also incurs an economic loss, people will anchor on that measurable economic loss and make their compensation decision based on that amount.”
The study suggests that anyone who’s bringing a mental anguish case before the courts should “refrain from mentioning economic loss unless the losses are large.”
This study brings up a valid point; however, the law isn’t always as cut and dry as it makes it sound. If there was no small financial loss due to the accident to begin with, then the case would not exist at all.
No matter which way you decide to go when suing for mental anguish, there are many facts to consider. Your best bet will always be to have a licensed attorney on your side.
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