When seeking a court claim, the victim of a personal injury has the right to seek compensation for a range of damages.
Damages that might be connected to an injury-causing accident
Mental anguish: This could be an irrational fear that has morphed into a phobia; the victim of a dog bite might develop a fear of all dogs.
Emotional trauma: This condition could develop in someone that has experienced a shock to the body and the mind.
Mental illness: This would be a diagnosed mental, emotional or behavioral disorder, one that could interfere with performance of one or more normal life activities.
Factors that could contribute to complex nature of a given claim
Is a cure available? Some mental conditions respond to drugs or therapy, as administered by a psychologist or a psychiatrist. Others do not.
Certain metal conditions can have an effect on the physical health of the individual that must deal with the challenge of living with that particular condition. Evidence of that effect would add to the factors that could determine the appropriate size of a victim’s damages.
Are there experts that can provide guidance to the legal community?Not every victim of a mental illness has access to such an expert. Not every victim of mental anguish or emotional trauma has access to such an expert.
Even veterans suffering with post-traumatic stress disorder can encounter a roadblock, when seeking treatment for that same disorder. Indeed, the legal community, and the public at large struggle to provide adequate services to such veterans.
To what extent can the Personal Injury Lawyer in Peterborough representing the victim link the condition to past pain and suffering? Not all legal jurisdictions allow for discovery of those past incidents that could have caused a victim’s pain and suffering. Some jurisdictions put a limit on the size of any damage award for pain and suffering.
Still, a good attorney might be able to justify a damage award for a loss that does not fall under the heading of pain and suffering. For instance, an injury that has disrupted a victim’s normal life activities could also cause the loss of future earning opportunities.
How to distinguish deviant behavior from symptoms of a mental disorder?
That is a challenge that the legal community, along with lawmakers in the government have failed to meet. Parents, too, might perceive a teen’s strange behavior has something that is typical of teens.
Still, some behaviors are really symptoms of a serious condition, such as traumatic brain injury (TBI). That is why no accident victim should hesitate to speak with a lawyer about his or her potential losses. In that way, the same victim’s chances for obtaining a damage award would be likely to increase.