Although the majority of personal injury claims are for physical injuries, it is also possible to get compensation for mental & emotional health injuries. To claim for a psychological damage, the injury must be a direct consequence of someone else’s negligence and within the legal time frame. In most occasions, the mental and emotional health injuries are usually caused by sudden stressful or traumatic events outside the ordinary such accidents and assault. The psychological injuries that include anxiety disorders, post-traumatic stress disorders, depression, and mood disorders like fear can have serious life changing effects that could be more debilitating than a physical condition.
In most occasions, the psychological damages accompany physical damages but they can also exist on their own. For your claim to be valid, the symptoms of the injury should persist for weeks after the initial event or accident. The symptoms of mental & emotional health injuries include nightmares, flashbacks, and avoidance of triggers, inability to relax, restless, sleeping difficulties, feeling irritable and being persistently in low mood among other symptoms. To qualify for compensation, you must be a primary or a secondary victim. Primary victims are people directly involved in an incident irrespective of whether or not it caused a physical injury. Secondary victims are those who suffer injury as a result of witnessing a serious incident.
Some of the cases where you can sue for psychological damages include being involved in a near miss event such as nearly being hit by a car, witnessing a gruesome accident and witnessing a near miss event involving your loved one among other scenarios. If you are experiencing symptoms of a psychological injury, which you suspect that they are as a result of negligence, you should talk to a personal injury lawyer to help you decide whether you should claim damages. A lawyer will evaluate your situation and advise you on the things that you need to do to improve your chances of being awarded the damages such as documenting the symptoms.
If you are a victim of mental and emotional injury, a personal injury lawyer can help you claim monetary damages for medical expenses, pain and suffering, lost wages, emotional distress and household services.
If you ask me what I think about the state of the world, I’d say we’re living in pretty dangerous times. Not to sound bleak and negative, but there’s no hiding from the impact ultra-hazardous activities: explosives & chemicals have had on our existence. So one should understand why the use of explosives and hazardous chemicals must be regulated by law. The seriousness of the potential harm posed by exposure to ultra-hazardous activities makes it possible for you to sue for personal injury successfully. Anyone who uses or possesses hazardous materials is, by default, liable for any ensuing harm suffered due to exposure.
Strict Liability: The Law Is On Your Side
It would seem a little unfair at first that -despite having precautionary measures in place- you are still found to be at ‘fault’. Much like vicarious liability -where an employer is liable for certain harm you cause while in the course of employment- it matters not whether there wasn’t an intention to cause harm on the part of the employer. As a matter of fact, he wasn’t even there!
Of course, a court will look at a number of factors in determining liability, after all, justice must prevail. Apart from considering the effort required to reduce the degree of harm, a Los Angeles Trial Attorneys also looks at the location where the dangerous activity was being carried out. The sense being that if the site is unsuitable, some sort of fault must be imputed. Moreover, it will also strengthen your case to prove that harm was reasonably foreseeable in the circumstances.
Evasion Of Liability: The So-called “Eggskull” Cases
In a vane attempt to evade liability, most defendants in civil lawsuits may claim relative innocence by reason of the plaintiff having suffered from psychological or physical impairment at the time of the injury. The so-called egg-skull cases have resulted in the rule that ‘you must take your victim where you find him’. That so, the defendant remains liable to the plaintiff for damages.
Personal injury resulting from exposure to ultra-hazardous materials is more common than not. Something else that’s common, the tendency of handlers to evade liability. Knowing a thing or two about strict liability is helpful. So don’t be scared, sue immediately. It is well within your rights.
Sexual harassment is not only illegal but it is also harmful to a victim as it can cause emotional damage. The victims of sexual assault usually feel powerless resulting in low self-esteem. In some occasions, the victims feel they are responsible for the harassment or for letting it go on as long as it did. Although the rape cases form the largest part of Los Angeles sexual assault claims, it is also important to note that the numerous state anti-discrimination laws and federal civil rights law has forbidden sexual harassment.
Sexual assault is defined as any unlawful sexual act that is carried out under threat of injury or forcibly against the victim’s will. It is important to note that anyone from elderly to disabled, adults and children can be a victim of sexual assault. If you are sexually assaulted or one of your loved ones is assaulted, you must not hesitate to contact a personal injury lawyer to help you file Los Angeles sexual assault claims. If the victim of sexual assault is a minor, the parents could be able to recover monetary damages on behalf of the child.
Furthermore, parents can also file assault against a negligent establishment such as childcare service, school, church, medical institution and a security company among others for their role in making assault possible. If the assault takes place in a workplace, you can file a third party claim against the employer. There are two types of workplace sexual harassment that include the quid pro quo harassment where the assaulter uses the job as a condition for unwanted sexual advances and the hostile work environment where the victim was subjected to sexual assault because of his or her gender.
If you are a victim of sexual assault or harassment, it is necessary that you talk with a personal injury lawyer to know about your rights and learn about your options.
When you are involved in an accident, or you’re hurt in one way or another, there are a number of treatment options you should consider. Doctors normally explain all these options to their clients before offering treatment. Different options offer different types of results. The following are some treatment options for your recovery:
1. Medical Therapy
Therapy basically refers to continuous treatment under supervision of a specialist doctor. Under medical therapy, a doctor prescribes medication, which is taken orally or administered intravenously, to the patient as they monitor their condition. The dosage can be increased or reduced depending on the results. The medication can also be changed methodically to improve the quality of results. There is usually a specified period of time for the therapy. In many cases, this is usually an inpatient treatment.
2. Organ Transplant
If one of your organs is damaged severely, a doctor may recommend organ transplant. For instance, if your kidneys are not functioning, you will need a kidney transplant. In such cases, a willing organ donor who is your match must be found. An organ transplant procedure will then be carried out to ensure and monitoring done to ensure the body does not reject that organ.
Dialysis is a medical procedure carried out on patients with kidney problems. The dialysis machine basically acts as an external kidney and removes excess salts, water and other chemicals that are normally removed by the kidney. Some patients normally experience full recovery of their kidneys after several procedures, while others have to depend on regular dialysis procedures throughout their lives.
This is treatment is normally offered to patients who are recovering from an injury. After spending months bedridden, patients normally have problems walking, eating or breathing properly on their own. It is the job of the physiotherapist to ensure that patients regain full use of all their limbs and organs.