Does Compensation Cover Mental Trauma?
Irvin V. Cantor—March 23, 2020
When looking at the civil justice system, many people look at physical injuries as the only way to recover compensation in a personal injury lawsuit. It’s important to note, though, that there are potential ways to pursue compensation for mental trauma stemming from a severe crash.
Over time, some of the physical injuries you suffer in a car accident can heal; however, the mental anguish can last much longer and impact your everyday routine. In these situations, you must recognize what legal options you have to move forward.
Compensation for Pain and Suffering
In many situations, non-economic damage is a type of compensation the court will consider in a car accident case. It can also play a role in the insurance company’s settlement offer. These damages are not linked to a specific monetary loss you experience; instead, it covers pain and suffering.
Pain and suffering can include the mental anguish your car accident causes. For instance, if the post-traumatic stress you endure causes you to lose enjoyment in life, it may be a factor that is part of the compensation you receive because it impacts your entire life.
Determining the Amount of Compensation
It’s difficult to determine the exact amount of compensation you may be able to recover for mental trauma after a crash. While economic damages factor in quantifiable values (receipts, bills, etc.), your personal losses must come into play to determine the amount of compensation you can recover.
You must show that:
- The mental trauma has impacted your life outside of just your physical injuries
- You no longer enjoy specific activities you did before the crash
- PTSD is preventing you from doing certain things
The more the mental trauma impacts your life, the more likely you are to recover non-economic damages for your case.
At Breit Cantor Grana Buckner, we know how to pursue the outcome you need to get therapy and other treatment whenever you endure PTSD after a crash. Let us help you understand your rights and options along the way. You can trust in our Virginia car accident attorneys to protect your rights.
Call us today at (855) 212-8200.
Since 1979, Attorney Irv Cantor has been dedicated to the families of those who have suffered serious injuries or wrongful death. He has recovered more than 50 verdicts and settlements larger than $1 million for injured men and women in Richmond and throughout Virginia and the U.S., securing their futures and their peace of mind for the rest of their lives.