When most people think about a personal injury lawyer, they tend to focus on the physical aspects of an injury; however, the emotional aspects of an injury can be just as important. While emotional damages caused by traffic accidents are harder to prove than physical damages, they still play a vital role.
Emotional Damages & Traffic Accidents
As traffic accidents are caused by negligence, the recovery of emotional damages stems from negligence as well. Therefore, emotional damages are recoverable as a claim for negligent infliction of emotional distress. In traffic accident scenarios, emotional damages can stem from a number of diagnosable emotional traumas.
Any of the following post-accident traumas may count as emotional damages:
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Depression;
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Anxiety;
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Post-traumatic stress disorder; and
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Brain injuries that change someone’s personality.
It is important to note while a physical injury is not necessary to recover emotional damages, the emotionally injured must show physical symptoms of emotional trauma. Therefore, a claim of depression or anxiety must be backed by physical symptoms of depression and anxiety. An example: someone who claims to have PTSD may have to ask coworkers or classmates to testify in court about their episodes.
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Get StartedWhy Emotional Damages Matter
Unfortunately, mental health issues are an overlooked problem in the United States. Most Americans have a hard time affording psychologists or counseling with out-of-pocket funds. Therefore, when post-accident PTSD rears its head, it gets mistreated. Suzuki Law Offices believes mental health is just as important as physical wellbeing, which is why we pursue emotional damages when the case calls for it. We aren’t afraid to pursue compensation for mental injuries because our clients deserve to fight for their physical and emotional health.
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