Monday, December 10, 2012

Understanding Emotional Distress In Case of A Personal Injury

Accidents not only cause physical pain or injury, but they produce mental suffering as well. Accidents can result in catastrophic injuries that can affect an individual physically, mentally and emotionally. As per personal injury tort law, when one is hurt by other’s negligence, the victim can file a claim for damages against the liable party. Damages are legally defined as the amount of money used to compensate the injured party.

There are two categories of damages – economic and non economic and these include:

Economic damages
This includes amounts of medical expenses, loss of wages, loss of earning capacity, damage to real and personal property and loss of damages.

Non Economic Damages
This includes physical pain, mental stress, emotional distress and loss of consortium. Generally, economic claims are easier to prove through medical bills and actual property damage but non economic damage require a different kind of proof.

Personal Injury Law

These are also known as quality of life damages. Thus for the victims acquiring the services of a personal injurylawyer is a must.

Damages for emotional distress are usually permitted when there is a way to ensure their validity. There are several components that may be unquantifiable like mental anguish, depression, fright, anxiety, grief, humiliation, embarrassment or physical pain. It is the duty of the lawyer to prove the damages of his client’s feeling caused by the negligence or fault of the defendant.

There can also rises claims for intentional infliction of emotional distress. This is a different claim, where few elements must be proven: -

·        The defendant acted intentionally or recklessly.
·        The defendant’s conduct was extreme that caused severe emotional distress.
In order to reduce stress to personal injury victims, it is strongly recommended to hire the services of experienced and qualified injurylawyers in Grand Prairie TX.

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