A common consequence of accidents that we’re aware of is physical damage. While these are important when claiming compensation after an accident, emotions also play a significant role. Unfortunately, most accident victims are unaware of the possibility of seeking compensation for emotional damages. However, with the help of a Forest Park personal injury lawyer, you could claim mental anguish if you want, in addition to your physical injuries.
Most times, the level of compensation you get depends on the facts of the accident. But, unfortunately, there are accidents where there are no physical injuries but emotional damages. This article will thoroughly explain all you need to know about claiming for these after a Forest Park accident.
What Is Mental Anguish?
Mental anguish is related to emotional distress and covers the negative mental effect you suffer from an accident. Mental anguish injury could be you having trouble adjusting to life after the accident because of a disability or injury. It could also be anxiety or post-traumatic stress disorder due to the accident. In addition, it could be from disfigurement from the accident. Anguish could also come in the form of insomnia.
Most of the time, they cover conditions you face after the accident. It doesn’t matter your level of strength; you’re human and emotional damages are real. When you claim mental anguish after your accident, it doesn’t show you’re weak. So, you should get compensation to help you return to the condition you were in before the accident.
What Type of Compensation Is Mental Anguish?
There are two major damages you can get after an accident, namely special and general damages. Special damages are those calculable losses that are borne out of your accident. It usually covers the lost wages, medical bills, and even the vehicle repair cost. You can often prove special damages with your bills, receipt, and even the pay stubs.
On the other hand, general damages are where anguish falls into. General damages usually cover the emotional injuries that occur due to the accident. Unfortunately, it is not a clear calculable loss and can be difficult to prove. Since there’s no clear way of calculating emotional wounds, knowing the payable amount can be difficult.
In Forest Park, you need to have suffered a physical injury before you can claim mental anguish too. The only exception is if the negligent party’s conduct towards the plaintiff was willful or malicious. In such a case, you can get compensation without a physical injury.
How To Calculate Mental Anguish When Making a Claim
Mental anguish claims are not all the same. The compensation usually depends on several factors. For example, the severity of the accident, degree of fault, total accident damage, and your lawyer’s negotiation skill play a role in determining the amount. Most times, your mental anguish claim falls into pain and suffering. Pain and suffering claims usually cover the physical pain and emotional suffering you had to endure because of the accident.
Insurance companies use a number from one to five to assess damages when they receive a claim for mental anguish after an accident. So they’ll take the amount of your special damage and multiply it by a number, usually one to five. This means that a mental anguish claim could double or triple your compensation.
How To Prepare When Making a Claim for Mental Anguish in Forest Park
When you choose to claim general damages like mental anguish, you need a professional car accident lawyer in Forest Park. Note that most insurance companies try to avoid paying a lot of money. However, they understand the worth of mental anguish, so they’ll try reducing the settlement or deny the claim. This is where a professional lawyer comes in to uphold your right and ensure you get the ideal settlement.
Always keep notes about the accident and how your injuries affected you emotionally and mentally. Don’t stop taking pictures of your injuries and seeing a doctor for your physical and mental wounds. Your therapist’s testimony would be useful. You should also document the expenses from the accident and keep in touch with your lawyer. Always maintain honesty with your lawyer when it comes to your state of mind.
Need Help Making a Claim for Mental Anguish in Forest Park? Contact The Weinstein Firm!
If you don’t understand your legal rights after a car accident, The Weinstein Firm is ready to help. Our experienced car accident lawyers are available to help you get the compensation you need after an accident. The first consultation is always free, and we’re available to help you understand your rights and file a claim for mental anguish. Contact us today.