Factors That May Negatively Impact a Personal Injury Case Involving Emotional or Mental Injuries
Personal injuries resulting from accidents are not isolated to only physical injuries. Some serious or catastrophic accidents often involve emotional or mental injuries, which the victim may be compensated for. However, pursuing a personal injury case that involves this type of non-physical injury can be a long and complicated process. When you claim mental or emotional injury, it allows the defense to pry into certain private aspects of your personal life, as long as it clearly applies to or is related to the subject accident.
For this reason, some personal injury attorneys may advise their clients not to pursue psychological trauma as part of their injury claim against the party who caused the accident. In determining whether to make such a claim, your attorney should look into the specific details of both the case and your life.
Common Factors to Consider
Some common factors that you should look for in determining whether to pursue a mental or emotional injury claim are discussed in more detail below:
- Whether there is any evidence that your mental injury existed prior to the subject accident
- Whether there is any allegation of mental anguish that has affected your marital relationship or status, even if your marriage was troubled prior to the incident
- You are in the mental health field and appear to be psychologically sophisticated
- There is a long gap period between the accident that caused the mental trauma and the treatment for the mental injuries you are claiming
- You have a history of being fired by various employers
- Your claim alleges sexual abuse or harassment, but the other party is denying any sexual conduct
- You have a history of mental and or emotional issues, regardless of whether you have had extensive therapy
- There is evidence of overreaction to minor issues
- You have filed more than one claim that alleges mental or emotional trauma
- There is evidence of psychological dysfunction in some aspects of your life
- You have a history of legal issues
- Your credibility may be called into issue
- There are no other physical injuries besides the mental and emotional injuries.
The bottom line is that emotional harm is routinely recoverable when it occurs as a result of physical harm or non-physical harm, depending on the specific facts of your case. If you believe that you have experienced severe emotional harm as a result of an accident that was caused by the reckless or negligent actions of another party, you should consult with an experienced personal injury attorney to protect your legal rights. A good attorney will help you determine whether you should pursue such an injury as part of your personal injury claim.
If you or a loved one was involved in an accident that resulted in mental or emotional injuries, you need to contact an Orange County personal injury lawyer immediately. At the Law Offices of Samer Habbas, we will review the details of your case to determine what the best course of action is for you.
For a free consultation, call us at 888-848-5084.