Personal injury cases often involve many different types of damages that the victim has suffered loss for. Such damages make up part of the full compensation that is sought during the personal injury claim. There are cases where a victim may suffer from pain and suffering in the form of mental illness. This may require treatment with trauma, mental anguish and other issues. This article will discuss if an accident victim can receive compensation from mental illness resulting from a personal injury case.
Mental Illness Damages
Generally, personal injury claims pay out compensation to victims who suffer loss in respect of damages. Some of these losses include the following:
- medical treatment costs
- bills to include household matters
- pain and suffering
- mental anguish
- emotional trauma
- loss of income
In most cases mental illness as a direct result of the personal injury. It may be part of the pain and suffering or related damage connected to the main issue, e.g. car accident. These damages are added to the amount to be compensated to the victim. Or is added to the compensation amount to provide therapy or medical treatment above the standard for physical injuries.
According to the American Psychiatric Association mental illness is a “health conditions involving changes in emotion, thinking or behavior”. Or it may be a combination of these elements. It is “associated with distress and or problems functioning in social, work or family activities”. When mental illness is connected to a personal injury claim it may take the form of several different conditions. One of the most common and understood conditions is post-traumatic stress disorder. This form of mental illness is a reactionary condition that stems from triggers linked to the original trauma causing incident. Additionally, triggers may include seeing, hearing or having involvement in something similar to the original trauma suffered. For example, car accident triggers could include the impact of closeness to other cars on the road or in traffic.