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Pain and Suffering and Mental Illness

02-06-2019 12:13 PM CET | Politics, Law & Society

Press release from: Crowson Law Group

Personal injury cases often involve multiple types of damages that a victim may receive as a part of their compensation when a claim is made. One of the most common forms of damages individuals suffer from and claim for is pain and suffering which includes various forms of emotional distress or even mental illness that require treatment. One article stated that “While a car accident is able to leave physical injuries on a victim, there are unseen injuries that are also sustained; these include emotional stress such as depression, scarring, mental anguish, trauma etc. the reality is that while is skinned knee is associated with a happy childhood memory of falling out of a mango tree, a dislocated shoulder or burn injury comes with a traumatic memory of a car accident and this is where the suffering in pain and suffering comes to the fore.”

In normal circumstances where personal injury claims lead to compensation, the injured individual may receive medical treatment costs and bills associated with household matters, pain and suffering and issues relating to mental anguish, emotional trauma and loss of income while in recovery. Any mental illness suffered as a direct result of the personal injury is often part of the pain and suffering or a related damage which is connected to the main issue. The award for mental illness may stand alone in compensation or can be added to provide therapy, medical treatment above the standard for physical injuries.

Explaining the term mental illness a Crowson Law Group attorney stated, “With regards to personal injury claims, mental illness can include many different conditions. For example post-traumatic stress disorder is one of the most common and understood forms of mental illness. Such a condition stems from a reactionary condition that is triggered by such things as seeing, hearing or having involvement in something similar to the original trauma suffered. When this occurs in a person who has been involved in a car accident the trigger may be the impact or closeness to other cars on the road or in traffic.”

Similar to any underlying health condition, mental illness appears by way of symptoms. The patient’s symptoms and treatment notes form the basis to prove the suffering of the individual. Such symptoms or signs often result in a decrease in the quality of life. The doctor treating the injured individual will come up with a diagnosis and medication in the records of the person. The dosage, recurrence of certain symptoms or when the person starts getting better or worse will remain in the documentation. And it is this documentation that provides proof that the individual has a mental illness as well as how he or she suffers from the condition in court. Such proof is necessary for the courtroom when pursuing a personal injury claim against the defendant.

Because car accident personal injury claims are based on negligence, it is important for the injured individual to connect their mental illness to the personal injury. This is crucial in order to hold the defending party responsible for the damages. With regard to ‘post-traumatic stress disorder the injured person can connect it to the injuries sustained as a result of the pain, suffering and anguish felt during the initial damage caused. For anxiety disorder, the injured party can explain how the personal injury caused the emotional and physical distress that became acute after the accident ended.’ Thereafter, the personal injury accident lawyer can assist in demonstrating to the court that the personal injury claim has a valid causation between injury and mental illness.

About the company:

Crowson Law Group is a law firm of renowned professionals who focus their entire practice on personal injury matters only. For representation by Wasilla car accident lawyers contact Crowson Law Group Wasilla office today.

Company : Crowson Law Group
Address: 1981 E. Palmer-Wasilla Hwy, Suite 220
Wasilla, AK 99654
Phone: 907-519-0193

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