Mental Illness Stemming from a Personal Injury Case – Can I Receive Compensation?

Many types of damages can be awarded to victims in personal injury cases. These damages include both pain and suffering, which could include mental illness, treatment for trauma, mental anguish, and other similar issues.

Different types of compensation in a personal injury claim

Personal injury cases can lead to compensation in the normal circumstances. The victim can get medical treatment costs and bills that include household expenses, pain and suffering, and other items like mental anguish and emotional trauma, as well as income loss while they are recovering. Personal injury can often cause mental illness. These can be paid out of the damages or added to the amount to pay for therapy or treatment beyond the normal range for physical injuries.

What is a mental illness?

Mental illness can take many forms when it is connected to a personal accident claim. Post-traumatic stress disorder is one of the most well-known and understood mental illnesses. This is a condition called a “reactionary disorder” and usually arises from triggers like seeing, hearing, or being involved in something similar to the trauma. This would usually include any impact on other cars or traffic that could cause injury to a person involved in a car accident. Intentional harm is defined as the time the victim sustained injury, such as a knife or gunshot wound.

Proving Mental Illness

There are common symptoms when someone is suffering from a mental disorder. These symptoms can often lead to a decline in quality of life. The records of a doctor who treats an individual will include a diagnosis and the medication. Documentation will include information about the individual’s symptoms, dosage and recurrence. It also includes when the person becomes better or worse. This documentation will prove that an individual suffers from a mental disorder and provide evidence of this. This paperwork is required for the courtroom in order to file a personal injury lawsuit against the defendant.

The Mental Illness and the Personal Injury

The victim must link the mental illness to the personal injury, regardless of its severity. This is essential to hold the defending party accountable for damages. The victim can link stress that causes post-traumatic stress disorder to the trauma, pain, suffering, and agony suffered during the initial damage. The injured party must explain why the personal injury caused the psychological and emotional distress that developed after the accident. A lawyer can then help to prove to the courtroom that there is a valid causal relationship between mental illness and injury.

Other damages in the personal injury claim

You can often seek damages for the relevant injuries, which may include any post-accident damage. It is easier to show that the victim has a mental illness and can be provided with a reasonable amount of compensation. If the victim has a severe illness that does not have a known treatment, it is easier to prove damages. Expert assistance may be required. The initial personal injury is responsible for stress, anxiety, disorders, emotional distress, and any subsequent conditions.

To prove the existence of the medical condition, the plaintiff will need to have assistance from a doctor. The essential elements of proving and explaining the matter include medication, treatment and paperwork. It is possible for a doctor to provide additional examples of personal injuries resulting in mental illness to the legal team. To avoid complicated steps that would be required to link a mental illness with an accident that does not have precedent, some lawyers might choose to lump together the condition and pain and suffering.

Legal Assistance for Personal Injury Claims involving Mental Illness

If there is sufficient evidence to support the personal injuries claim, and the mental illness, the lawyer may often be able to explain the matter alone or with expert testimony. This will make sure that the courtroom knows the problem and its origins.

Updated 01/18/22