What Is Emotional Distress In A Personal Injury Claim In Tampa?
Accidents result in several negative outcomes including physical injuries, property damage, and pain and suffering. These outcomes are what lead a victim to pursue a personal injury claim to recoup economic and non-economic compensation for their damages. Some damages are clearer than others and have direct costs associated with them while others are not so cut-and-dry. Pain and suffering are some of these damages that are considered to be non-economic and can provide a victim with compensation.
What Is “Pain And Suffering”?
When you have suffered injuries from an accident, it is common to also have experienced a significant amount of stress. Pain and suffering is the legal terminology that is used to describe this stress and it can manifest itself in the following ways:
- Physical pain
- Emotional Distress
- Psychological trauma like fear, anxiety, depression, or insomnia
To build a strong claim, seeking medical attention soon after your accident and obtaining an accurate diagnosis with a treatment plan will help support your pursuit of adding pain and suffering to your suit. When you have experienced trauma from an accident you may have the ability to obtain compensation for pain and suffering. Some cases of wrongful death or personal injury will not allow you to recoup these costs, and an experienced Tampa personal injury attorney will know when pain and suffering are possible in a claim and when they are not. The Federal Employers Liability Act (FELA) is an example of where emotional distress may not apply. Additionally, emotional damages could even be limited or unavailable for family members of a victim of an accident. Your experienced attorney will know when limitations apply as well as when you can pursue damages related to emotional distress.
What Are The Challenges Of Obtaining Emotional Distress Compensation?
Victims of accidents may legitimately have obtained emotional distress from their traumatic experience. However, if they have seen a psychologist or psychiatrist in their past, their pursuit of damages related to the distress they suffered after the accident can be a challenge. A defense attorney will jump on this aspect to devalue and de-legitimize a victim’s claim of mental trauma related to the accident. The argument will be that your emotional issues are a pre-existing condition.
In certain situations, it may be the most beneficial path towards obtaining the highest amount of compensation not to pursue emotional distress at all. If your attorney concludes that you should keep your previous psychological records out of your case’s evidence they will discuss this with you before moving forward. For the most part, mental anguish is recognized but there can be cases where a person’s medical history can tarnish their ability to have a successful personal injury claim.
How To Find Effective Guidance From A Florida Personal Injury Attorney
If you have been injured in an accident that was not your fault and you want to pursue pain and suffering in your claim, speak with an experienced Florida car accident attorney at Fulgencio Law to find out if these damages are feasible. We will evaluate your case and guide you through the best path forward to protecting your rights and obtaining compensation.
Call Fulgencio Law at (813) 463-0123 to set up a free consultation with a Tampa serious injury attorney today.
