Are Stress and Anxiety Part of a Personal Injury Claim?
Any type of injury or illness can be harmful, but there is a mental world beyond the physical injuries, which stands for stress and anxiety. If you’ve been injured because someone else was negligent – in a traffic accident or in any other accident scenario – you are entitled by Maryland law to compensation for your physical injuries.
But, can you be compensated for the stress and anxiety?
Stress and anxiety can be both a result of a personal injury, but whether these two are compensable in a personal injury claim will depend on the nature of the injury and on the medical diagnosis.
But don’t let others trick you. No standing alone, anxiety and stress are rarely actionable by themselves. It almost always has to be coupled with physical injuries. It will also open you up to your mental health treatment history being scrutinized and for the defendant to force you to submit to a mental health evaluation with a doctor of their choice.
Stress and Anxiety damages
In a personal injury case, a victim can seek compensation for economic and non-economic damages. The non profitable ones are known as pain and suffering damages, commonly referred to as stress and anxiety; are very hard to quantify. In addition, economic damages such as lost wages and medical bills are easily calculable.
Almost every personal injury case acknowledges the pain and suffering section. Although stress and anxiety are challenging conditions, a jury can favor your side by reaching a positive verdict for you.
The stress that you are currently experiencing can be compensable. It might involve variables that may be counterproductive for your claim, but with a proper personal injury attorney’s council, you’ll be headed into your compensation path.
Is there a limit on what a personal injury claimant can receive?
As almost every aspect in the United States, the answer depends on the state where the claim is being held. Non-economic damages are “capped” in some states. So it is highly important to further discuss these kinds of topics with your personal injury lawyer in order to get the compensation that you deserve.
Are stress and anxiety the same?
Contrary to popular belief, these two conditions are not the same. One normal diagnosed form of stress is post traumatic stress disorder, commonly referred to as PTSD. This mental condition is frequently linked to soldiers and veterans who’ve witnessed different stressful scenarios which left a mark in them.
But this mental disorder can be a consequence of a car accident, a sexual assault, a natural disaster, and others. This is a serious and real condition that can lead to self harm, or even to suicide attempts. That is why it is strictly important to talk to a personal injury specialist about this matter and further explain your condition.
On the other hand, anxiety “is the mind and body’s reaction to stressful, dangerous, or unfamiliar situations. It’s the sense of uneasiness, distress, or dread you feel before a significant event”, according to Dr. Tanja Jovanovic, from Emory University School of Medicine.
Can a personal injury attorney help me with my stress and anxiety?
The answer is yes. A personal injury attorney with a significant background in cases of stress and anxiety should be able to help you. The more you keep to yourself, the more painful the consequences will be.
If your mental health is at stake, do not wait until things get worse. Contact a personal injury lawyer for a free consultation, focus on your recovery, and let the professionals take the burden for you.