If you’ve ever been involved in a personal injury accident, you know that it can be a damaging experience in multiple ways. When a negligent person causes an accident that leaves victims injured, the victims may be eligible for compensation for their injuries. While most people think this only includes bodily harm, emotional damage could also be included for restitution purposes. Have you recently been injured due to someone else’s negligence? Read this blog or reach out to a Nueces County, Texas Personal Injury Lawyer today to find out if you can earn restitution.
IS EMOTIONAL DAMAGE A PERSONAL INJURY?
When a person files a personal injury claim against a negligent person, they might be eligible to receive compensation for medical expenses, lost wages (if you had to miss work due to your injuries), and pain and suffering. Emotional damage is typically included in pain and suffering damages. Examples of mental injuries that could be considered pain and suffering include anxiety, insomnia, post-traumatic stress disorder (PTSD), depression, and overall decreased quality of life. If you’re planning on seeking damages for mental injuries, you should get diagnosed by a professional before filing your claim.
CAN I RECEIVE RESTITUTION FOR MENTAL INJURIES?
Yes, but in Texas, you need to also have suffered physical injuries in order to receive compensation for mental injuries. Emotional damage is typically difficult to prove in court because it’s not always outwardly visible in the same way physical injuries are. While some states allow victims to seek damages for just emotional distress, it’s extremely rare for victims to just win emotional damages in Texas personal injury accidents. You can receive restitution by proving that the person who caused your accident acted negligently and directly caused the accident that left your injured. Negligence is defined in court as someone’s failure to use reasonable care, causing harm to others.
In order to receive any compensation for emotional damage, you’ll need to prove that the damage was long-lasting and had a significant impact on your life. It’s not enough to show that the situation left you stressed for a few days, you need to show how the accident and subsequent injuries directly affected your life. An experienced attorney can help you gather hospital records, witness statements, and testimony from medical professionals to help you prove your claim.
Are you a victim of a personal injury accident? You might be thinking about speaking with an experienced attorney to help you determine your options going forward. Sahadi Legal Group is here to provide compassionate, individualized legal counseling. Contact us today for an initial consultation!
