Claim Damages for Mental and Emotional Injuries

Mental and Emotional InjuriesAlthough 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.

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