How Much Money Can You Sue For Pain And Suffering
For most accident and injury cases, there is no legal limit to the amount that you can sue for pain and suffering damages. You can demand whatever amount that you want however most cases are limited by the amount of the insurance policy limits that will be used to pay your settlement.
For example, if you suffered a herniated disc in a rear end auto accident and required surgery, it will be difficult for the insurance company to argue that you did not have pain and suffering. In fact, those damages could conceivably greater than a million dollars depending on your recovery process. However, many drivers and vehicle owners have insurance policies with liability limits of only $100,000 or less, which makes it difficult to get you the actual amount of your damages.
Our attorneys will explore all possible sources of insurance policies and other sources to get you the highest dollar amount for your claim. You may even have your own coverage that will pay money beyond the insurance limits of the person who caused your accident.
For cases involving medical negligence and products liability, there are pain and suffering damage caps in Michigan. There are two levels of these caps and the amount you can receive depends on the specific nature and type of your injury. These amounts change on a yearly basis and our attorneys will tell you the limits that apply to your case and your likely settlement amount range.
Is It Worth It To File An Injury Claim For Ptsd
Only the person with PTSD can determine if its the right course of action for them.
There is a potential for a large settlement or jury verdict in a PTSD personal injury case. However, it does require that the plaintiffs medical and emotional history is put on the stand for the jury to evaluate. It could be painful for a plaintiff with PTSD to have to testify on their own behalf, and you might want to ask your lawyer about that possibility ahead of time.
Often, physical injuries from an accident are noticeable immediately or shortly following an accident. But PTSD could take a while to diagnose. Sometimes, that means the damages werent included in an initial personal injury claim or that the statute of limitations has passed by the time the PTSD is diagnosed.
Your lawyer would also need to prove that in addition to your actually suffering from PTSD, that the condition is the direct result of the accident. Any claim your lawyer makes is going to be refuted by the defense attorneys. Thats not to suggest that you shouldnt pursue a PTSD lawsuit but its important to discuss it with your lawyer and your mental health provider first.
A Word From Mantra Care
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Here at Mantra Care, we have an incredibly skilled team of health care professionals and coaches who will be happy to answer any questions and provide further information. So, you know whats best for your unique needs.
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Filing A Personal Injury Claim For Emotional Distress In Texas
Most claims for emotional distress related to personal injury claims are filed as the negligent infliction of emotional distress. Texas does recognize intentional infliction of emotional distress claims, but those claims generally apply in cases such as nursing home abuse, assaults, or threats of violence.
Negligent infliction of emotional distress arises from an accident or incident caused by negligence, errors, or mistakes. Examples of cases that could involve negligent infliction of emotional distress include:
Filing a claim for emotional distress may include demands for compensation of economic damages and non-economic damages. Economic damages can include lost wages, cost of treatment, and other financial losses. Non-economic damages refer to the pain and suffering experienced because of emotional distress.
Accident victims can file claims for emotional distress. However, other individuals might be able to receive compensation for emotional distress. Individuals who witness a traumatic event might also receive compensation for emotional distress, even though they did not sustain physical injuries because of the accident.
Questions To Ask Yourself Before Suing For Stress And Anxiety
Pursuing any kind of lawsuit can be stressful. Suing on the grounds that someone caused you emotional distress can compound the stress and anxiety that you are already feeling. Before you sue your employer for emotional distress, it may be worth asking yourself several questions to make sure that seeking legal remedy is the right course of action for you. It may be helpful to consult the advice of a seasoned lawyer as you think through these questions and consider your options. It is crucial that you consult not just any emotional distress lawyer, but emotional distress lawyers that have a lot of experience handling cases similar to yours.
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You Can Seek Compensation For Stress If You Suffered A Physical Injury
However, if you are experiencing stress as the result of an accident in which you were injured, then you can sue for stressin addition to suing for the other effects of the accident. Under California law, accident victims who suffer physical injuries can seek financial compensation for all of their injury-related losses, and this includes stress and other cognitive and psychological effects.
With that said, insurance companies will not pay for your stress unless you can prove both: that your stress is a result of the accident and, the amount of compensation you are entitled to recover for your losses. As a result, it will be important for you to hire an experienced personal injury lawyer to seek just compensation for your stress on your behalf.
What Are The 3 Signs Of Emotional Suffering
The five signs of suffering: Know the symptoms and ask for helpTheir personality changes. They seem uncharacteristically angry, anxious, agitated, or moody. They withdraw or isolate themselves from other people. They stop taking care of themselves and may engage in risky behavior. They seem overcome with hopelessness and overwhelmed by their circumstances.
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Emotional Distress As A Component Of Other Claims
Emotional distress claims are not the only way to get your evidence in front of a court. Injury victims can and do win money for mental anguish, pain, and suffering as a part of physical injury cases.
That money, known as pain and suffering reimbursement, represents non-economic damages that can be claimed in most bodily injury cases. Non-economic damages are financial reimbursement for your peace of mind rather than money that has come out of your pocket.
Claims based solely on emotional distress are different from typical pain and suffering reimbursement.
In most personal injury cases, there must be a physical injury to claim emotional damages. For example, if you lose an arm in a car accident, the loss of your arm is devastating even if your medical bills are low. The sadness and grief of that loss might be able to be compensated, separate and apart from your medical treatment and prognosis.
On the other hand, damages in an emotional distress case usually dont need a separate physical injury in order for you to recover damages. Your injury comes instead from the shame, humiliation, anger, or fear that comes from being the victim of outrageous conduct.
A recent example of an emotional distress claim that went before the United States Supreme Court is Snyder v. Phelps, where a jury awarded Mr. Snyder millions of dollars in a case against picketers who protested the funeral of Snyders son, a marine killed in the line of duty.
Report And Document The Incident
If you are able to, report and document the incident as soon as possible. For example, if you experience emotional trauma because of workplace violence, you should file a complaint with the Occupational Safety and Health Administration. In the case of a car accident, contact the local police and your insurance company. Documentation includes detailed notes of the situation, contact information of any witnesses, and photos at the scene. Reporting and documenting the initial cause of emotional distress will help build your potential settlement claim.
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Have You Discussed The Situation Or Incident With Hr Or An Administrative Body At Your Workplace
As mentioned, lawsuits are emotionally and financially demanding. Before expending the great deal of effort required in initiating a lawsuit, you should always consider other remedies and options. If your workplace has a human resources department or an administrative body that deals with interpersonal or relational difficulties in the workplace, you may want to consult a group at your workplace that can help you find a resolution. Even if they are not able to resolve the situation completely, they may be able to point you to the right avenues. Of course, an experienced mental distress lawyer can also help you consider your options and provide pointers.
Do You Have Any Information That You Want To Keep Private And Are You Ok With Potentially Having To Share That Information In The Course Of A Lawsuit
Lawsuits and the evidence collection process involved may require that you divulge uncomfortable information about yourself. When you sue for mental anguish, it is not only the employer that is investigated. In a lawsuit, the claimant will have to be open about the facts relevant to the case. If you have any secrets relevant to your employment, they may be revealed to those investigating your case or even to the court if relevant to your claim. You will want to think carefully about whether there is any information that you want to keep private and whether the risk of having those secrets exposed is warranted by the legal remedy you are seeking.
In order to establish a tort in New York, the plaintiff must prove all of the following conditions:
- Extreme and outrageous conduct
- Intent to cause severe emotional distress if pursuing intentional emotional distress
- A causal connection between the conduct and the injury and
- Severe emotional distress.
Emotional distress awards in New York are generally grouped into three categories: garden-variety,significant and egregious. In a claim for emotional distress that is garden variety, the evidence of mental suffering is usually limited to plaintiffs testimony. With garden variety claims, there is typically no mental health care treatment.
An experienced emotional distress attorney will be able to provide you legal advice on whether you can sue for emotional distress and harassment.
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What Are Some Examples Of Emotional Distress
Emotional distress after a personal injury can come from a range of factors. Some people may experience trauma after an injury. Others may experience a loss of quality of life in the aftermath of an injury that changed their life.
Loss of quality of life may include a loss of mobility, loss of ability to engage in hobbies or sports that the victim previously enjoyed, or loss of enjoyment of life due to chronic pain or other long-lasting side effects of the injury.
In addition to the physical harm experienced by the victim, physical injuries or disabilities may also take an emotional toll. People who have been rendered disabled or have been disfigured due to a personal injury may suffer from embarrassment or anger due to their new condition. They may feel socially alienated, or may disconnect socially.
Many victims may experience grief over the loss of their abilities. Others may have difficulty adjusting to their new reality, or become depressed.
Additionally, victims who were unexpectedly injured may also suffer from anxiety, panic attacks, or PTSD. Approximately one in every eleven people will be diagnosed with PTSD at some point during their lifetime. Often, the cause of PTSD or anxiety is trauma related to a personal injury. For instance, victims who were in a car accident may be too anxious to drive after their injury.
- anxiety
- post-traumatic stress disorder
- substance abuse
What Is Emotional Distress And Mental Trauma
When another party injures you, you can experience a variety of intense emotions. You may also experience stress and worry about paying your medical bills and living expenses while you are out of work. You may experience stress because you do not know how you will care for your family if you are unable to get out of bed or care for yourself.
Because each person is different and each accident is unique, emotional distress and mental anguish can manifest differently. Examples of signs that someone may be experiencing emotional distress after an accident include, but are not limited to:
- Problems sleeping
- Loss of self-confidence
- Apprehension
In some cases, an accident victim might develop psychological disorders because of the accident. A victim might experience clinical depression or Post-Traumatic Stress Disorder . If you develop any symptoms or signs that indicate you have emotional disorders or psychological conditions, it is crucial to seek immediate medical treatment.
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Emotional Distress Is A Type Ofpain And Suffering Damage
Following a car accident,plaintiffs can generally sue for monetary damages , as well as for non-monetarydamages, like pain and suffering, which includes:
- Disfigurement
- Loss of enjoyment in life
- Emotional injuries
- Physical impairment
The legal definition of emotionaldistress is a highly unpleasantemotional reaction resulting from anothers conduct, for which damages may besought. You may, for instance, fear getting behind the wheel, driving inadverse weather conditions, or even traveling in a motor vehicle someone elseis driving.
Youmay suffer from panic attacks, depression, guilt, or suicidal thoughts thatmake it difficult to get through the day. It may become difficult to go towork, care for your family, or care for yourself.
If you are experiencing any of these forms of emotional distress, it is very important that you discuss these symptoms with your doctor and get appropriate treatment. Also, communicate these symptoms to your team of New York City car accident lawyers, so that these damages are included in your car accident lawsuit claim.
So Can I Sue My Employer For Workplace Stress
Under both California and federal employment laws, workers are protected from undue stress, harassment, negligence and unsafe working environments. So, yes you can sue your employer for workplace stress under certain circumstances. Generally, if the stress is due to ordinary workplace incidents such as a demanding supervisor, long hours, or difficult co-workers, you can bring a work-induced stress claim to the worker’s compensation system. If, however, stress is due to unlawful harassment or discrimination, you may have a claim under state or federal law, such as the California Fair Employment and Housing Act.
Additionally, if you are suffering from stress due to workplace bullying, you should first check your employers workplace bullying policy on the actions you can take to combat the issue internally. At times, however, workplace bullying can be unlawful when you are harassed due to a protected characteristic such as your age, race, disability, national origin, religion or gender.
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Do I Need A Lawyer To Sue For Emotional Distress
As can be seen, proving an emotional distress claim is often a difficult matter, especially where you do not also have a physical injury. Further, emotional distress cases are often very expensive to bring, due to the nature of having to hire expert witnesses, such as a therapist, doctor, or psychologist to prove the extent of your injuries and the amount of money needed to allow for a proper recovery.
Additionally, state laws will vary as to what will be required to properly prove a claim for emotional distress. For all of these reasons, consulting with a well qualified and knowledgeable personal injury attorney may be in your best interests.
An experienced personal injury attorney will help evaluate your case, build evidence to prove your injuries, hire expert witnesses, represent you in court, and even may take you case on a contingency fee basis to help you with the hire case fees associated with cases involving claims for emotional distress.
- No fee to present your case
- Choose from lawyers in your area
- A 100% confidential service
The Emotional Distress Claims Process
You will start an emotional distress claim almost exactly the same way youd start any personal injury claim: by going to an experienced lawyer who can review the facts of your case and determine whether you have a winnable one. Your case will then enter the discovery period. Evidence will be gathered, examinations for discovery will be done, and both sides will prepare themselves for litigation.
For the most part, the party that will be paying a claim will almost always be some sort of insurance company. For example, if your manager inflicted emotional distress upon you then the companys liability insurance is often going to step in to pay the claim. If you got into a car accident the at-fault drivers insurance company will pay. Theyll generate their own lawyers and mount their own defence.
In rare instances some individual will be held personally liable. Actually recovering funds from these individuals can be difficult as they may not have the resources to pay the claim. You and your lawyer will have to decide if any given claim is worth pursuing.
Long before a court date is set, your case may either be referred to the alternative dispute resolution process, or settlement conferences may begin.
A settlement conference is an informal meeting of both sides lawyers. They make offers for settlement that the other party either rejects or accepts, and try to drive those offers up or down by pointing to strengths or weaknesses in the other partys case.
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