Dealing and coping with a car accident could be overwhelming for many people. The accident leaves the victims with physical as well as mental injuries. Some victims encountered mental depression or anxiety after meeting an accident. While it may sound tragic, the car accident victim can sue the liable party for mental distress.
If you have experienced mental distress after a car accident and do not know what to do, you must seek help from car crash lawyers in conyers. Emotional distress has become a wide cause encountered by many victims after every accident. This article will clarify all the doubts regarding the compensation for mental pain in a car accident.
Is the victim eligible for fair compensation for emotional pain?
Yes. One might be able to get compensation for mental pain and suffering after a car accident. Every state and county has laws that allow the victim to sue the defaulters for mental distress after a car accident.
Although, one should duly note that the court of justice accepts compensation for mental pain in case of severe injuries. Minor injuries after an accident won’t be acceptable to claim mental distress charges from the prosecutor.
Factors considered for an emotional pain compensation:
The intensity of emotional pain
The victim should be able to prove the intensity of mental pain they have been experiencing after the accident. A psychologist or specialized mental doctor might provide help in establishing it in front of the court or other entities. It would be in the victim’s best interest to appoint a car accident lawyer in Atlanta for handling legal procedures.
Duration of distress
Some car accident victims experienced mental distress like overthinking for merely a few days or a week. Such cases were unacceptable for mental pain compensation. No one would want to be discouraged from claiming mental pain, but compensation is only awarded in severe cases.
A car accident victim may have encountered physical injuries. Injuries like spine displacement injury, fractures, etc., could be accounted for. The victim must prove that they suffered other physical injuries leading them to mental pain and exertion.
Cause of pain
Apart from the emotional anxiety or physical injuries, it should be mandatory to determine the root cause of the pain. Some cases involved the victims who faced mental distress due to an entirely different reason that was nowhere near the accident. In a nutshell, the cause of mental pain should be determined to claim the compensation successfully.
Professional note from a medical practitioner
For medical pain compensation, it is necessary to have a doctor’s note or a report stating the psychological symptoms. It is because those symptoms determine the compensation charges for the victim.