The emotional injuries from your crash may linger long after you get treatment for physical injuries.
If you have suffered emotional distress after a car accident, you may be able to receive compensation by working with a personal injury lawyer. It is important to speak with a lawyer as soon as possible after your accident when you realize that you are suffering emotionally.
When you think about receiving compensation for a lawsuit, you might only consider lost wages or medical bills. However, emotional damages may be recoverable.
There are three circumstances in which emotional damages may be pursued:
- When harm was inflicted on someone else purposefully, causing emotional distress.
- When a person or group acts negligently and inflicts a physical and emotional injury.
- When emotional distress is alleged, and the person who inflicted the alleged injury acts deplorably.
Another factor taken into consideration is if the person who is experiencing emotional distress is a reasonably emotional person, unlike others who have pre-dispositions to emotional distress and fears.
It is challenging to calculate emotional harm and the compensation victims should receive, but today’s medicine and sciences have made it less difficult. If you were in a car accident and can show that emotional distress was a result of physical injury, courts may award emotional damages.
Less severe signs of emotional injuries may include: anger, fear, shock or emotional distress. These feelings tend to go away quickly, but severe cases may have certain diagnoses like post-traumatic stress (PTSD) or acute stress disorder. These severe cases are considered medical conditions and should be documented by mental health providers.
More courts are realizing that emotionally injured victims should not be excluded from seeking damages because their harm is challenging to measure. A personal injury lawyer in Windsor, ON from Greg Monforton & Partners can help you determine what your legal options are if you’re suffering from mental anguish following an auto accident.