No matter what incident caused your injuries, some wounds go beyond your physical body. For example, being the victim of a car accident can leave you prone to mental illnesses like PTSD, anxiety, and depression. Like your physical damages, the emotional trauma you experience is just as devastating and deserves compensation.
What Constitutes Emotional Damages In Personal Injury Law?
Some common emotional damages you can file a claim for are:
- Inability to work
- Post-Traumatic Stress Disorder (PTSD)
- Loss of companionship
- Anxiety and depression
In most cases, you want to ensure your claim is as factually accurate as possible to ensure you win the best payout. However, measuring emotional damage can be difficult when filing a claim. Unless there’s some form of ongoing medical treatment, such as weekly therapy or rehabilitation, you’ll need to prove in court that the incident directly caused a significant drop in your quality of life to have the highest chance of recovering your damages.
3 Common Types Of Compensation For Emotional Damage
There are several ways to get compensation for emotional damages in personal injury cases. Here are the three most common ones:
Loss Of Income
Having a mental health illness after your incident can negatively affect your work performance if left untreated. According to recent studies, a worker with undiagnosed depression can be up to 35% less productive overall. All those days you had to take unpaid sick leave because of your psychological condition add up over time. The ongoing loss of income can result in more emotional stress, so it’s essential to include it in your claim.
If your psychological trauma is especially severe, or you were diagnosed with a mental illness like PTSD, you may be eligible for compensation to cover your medical costs. Patients may need to see a mental health professional long-term and take daily medication to help them recover, which can be incredibly expensive. Fortunately, adding these medical expenses to your claim is possible if you can prove the incident caused you to seek psychological treatment.
You can still claim compensation for emotional damages, even if you don’t have tangible evidence. However, pain and suffering can be harder to prove, so you’ll need to explain exactly how this accident has affected your daily life. Tell your personal injury attorney about your experience so that they can determine how to include it in your claim.
How Are Emotional Damages Calculated?
You can calculate emotional damages in a personal injury claim in one of two ways. The first method is known as the multiplier formula and calculates your damages between 1 and 5 based on the severity of your injury. The greater the number, the higher the payout you’ll receive. For example, if your claim is for $5,000 and the insurance company gives you a multiplier of 2, you will receive a $10,000 payout.
The second way an insurance company calculates your compensation is by using a per-day approach. The insurance company will calculate a dollar value and multiply it by how many days it took you to recover from your medical condition. Suppose it took 30 days to recover from a short-term psychological illness and an insurance company gave you a value of $100 per day. In that case, you’ll receive a payout of $3000.
Our Lawyers Are Here To Help
Emotional trauma can damage a victim as much as a physical wound, leaving people with many psychological damages that will take time to heal. If you find yourself in this situation, remember that you have the right to be fairly compensated for any treatment you receive.
Are you the victim of a personal injury that continues to cause you psychological distress? Our personal injury attorneys can guide you through the legal process and help you win your claim. Please fill out our contact form or call us at (866) 574-0809 if you have any questions or want to schedule a free trial consultation today.