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.
Proving Mental Illness Claims
When a person suffers from a mental illness, there are normal symptoms that will appear. Often these signs cause a decrease in the quality of life of the victim. A doctor that treats the individual will have a diagnosis and medication in the records of this person. Such documentation becomes a part of proving a personal injury victim’s mental illness. Common elements documented in the medical records of a victim include the:
- dosage for medication,
- recurrence of certain symptoms or
- when the person starts getting better or worse
This paperwork is very important in a personal injury case. It provides proof of the mental illness and is necessary when pursuing a personal injury claim.
No matter what type of mental illness a person suffers, the victim will need to connect it to the personal injury. This is extremely important so as to hold the defending party responsible for damages. PTSD victims must show that this was sustained because of the pain, suffering and anguish felt during the initial incident. With regards to anxiety disorders it is necessary for the injured party can explain how the personal injury caused distress. The explanation must show how the emotional and psychological distress that became acute after the accident. To demonstrate this the victim will need representation by an experienced personal injury attorney. Such an attorney will show a valid causation between the incident, injury and mental illness.