We all know broken bones, burn injuries, and other physical damages can be grounds for a personal injury claim. However, how does the law account for mental or emotional pain? Do victims have the legal grounds to sue for this type of suffering?
The answer is complex, but in summary, yes. Our Los Angeles personal injury law firm has dealt with cases involving psychological damages. We will draw upon decades of experience to guide you through the process of filing your claim. Read further to hear from our Los Angeles personal injury lawyers on what these cases entail.
What are Mental and Emotional Injuries?
There is a wide range of mental and emotional injuries that can warrant a personal injury lawsuit. Some examples of mental health conditions include:
- Depression
- Post-traumatic stress disorder
- Insomnia
- Anxiety
- Chronic pain disorder
In some cases, an injury may be both physical and psychological. For example, a traumatic brain injury is a physical injury that may require medical treatment for the brain. However, it may also lead to cognition problems such as memory loss or heightened emotional responses.
If you are unsure of whether your condition qualifies for a claim, consult a Los Angeles injury attorney.
In summary, brain injuries typically impact one’s mood, emotions, and cognitive processes. They may manifest into symptoms such as:
- Disorientation
- Memory loss
- Fatigue
- Social isolation
- Disassociation
- Mood swings
It may also cause strained relationships with loved ones, self-destructive behavior, substance use, and other impacts on one’s life.
How to Pursue These Legal Claims
As mentioned earlier, intangible injuries may be harder to identify than physical injuries but are still just as debilitating. It is advisable to hire personal injury lawyers in Los Angeles, or an area near you, for legal guidance.
Mental and emotional injuries can be pursued legally through personal injury cases. Say an individual is involved in a car accident resulting from a drunk driver. In the aftermath, they have suffered severe anxiety and can no longer ride in a car. Because of this, they are unable to work, attend social functions, and participate in aspects of their daily lives.
While they did not suffer “physical” injuries, their mental injuries have been equally impairing. As such, a Los Angeles personal injury attorney will argue that the victim deserves proper compensation.
Compensation may cover:
- medical bills including medications and therapies
- lost wages
- pain and suffering endured
Note, that these types of injuries may face a lot of pushback from the defendants. Anxiety, memory loss, and other sufferings do not always appear on X-rays or other medical screenings. This makes the burden of proof more complex. However, Los Angeles personal injury lawyers are well-educated on these cases and can help successfully plead your case.
Wrongful Death Cases
In some cases, a witness of a wrongful death accident may suffer from mental suffering. Even if they were not directly involved in the accident, witnessing these types of accidents can be severely traumatizing. A personal injury lawyer in Los Angeles can help witnesses of trauma file a lawsuit.
And in some cases, Los Angeles wrongful death lawyers may be needed. Mental health conditions can be extremely overwhelming, and unfortunately often lead to suicide. Loved ones of the deceased have the right to file a subsequent wrongful death claim. A wrongful death attorney in Los Angeles can help guide you through the process of filing a wrongful death lawsuit.
Contact a Los Angeles Personal Injury Lawyer
Suffering from any injury, physical or mental, can be taxing. We sympathize with your pain and will do everything in our power to help you gain the justice and compensation you deserve. Our Los Angeles personal injury lawyers will handle all legal matters so you can focus on recovery.
John J. Perlstein is widely recognized as the best personal injury attorney in Los Angeles. With over 25 years of experience, the Law Offices of John J. Perlstein can get you the results you desire.
For a free consultation with a personal injury and wrongful death lawyer [Los Angeles], fill out our contact form.