Emotional pain can, in some cases, be just as life-changing and devastating as physical pain. Compensation when it comes to emotional pain, however, is a rather grey area. Can you get compensated for emotional pain, you may ask? The short answer is, yes, in some cases, you can. For the long answer, well, you’ll just have to read the article to find out about that!
Emotional pain comes in many different shapes and forms and can be caused by many different things. If you have been involved in an accident or had an injury that was not your fault, and as a consequence of that, have suffered extreme emotional pain, so much so your life has been irrevocably changed, then continue reading, because you may be eligible for compensation.
This page will tell you the long and the short of it when it comes to getting compensated for emotional pain. Read on to find out more.
Damages
There are two main types of damages when it comes to civil personal injury lawsuits, and it is important that, before moving on, you know both of them. The damages that you have received will determine the course of your lawsuit and what result it yields.
Economic Damages
Economic damages are damages that, when they occur, result in a loss of income or money. This, for example, would be if an injury occurred in your workplace or on the road, and either caused you to be unable to make money. If the former happened, you might be so injured that you cannot physically go into work, and if the latter occurs, you may be unable to travel into work, therefore losing out on wages. This type of damage is economic damage and can be claimed or by going through a personal injury lawyer.
Non-Economic Damages
Non-economic damages are the type of damages that one may experience if they were suffering emotional torment as a consequence of an accident. Non-economic damages are damages that cause emotional anguish, for example, a violent car accident or injury that has caused you to sink into depression and anxiety, from which you are unable to overcome. Some states do not allow for non-economic damage claims. You can claim for these damages in Michigan, for example, but to get a full and extensive list of states, you would have to contact an attorney.
What is the Process?
The process for claiming emotional and non-economic damages varies between states, but this article will provide a general overview of how one might go ahead with undertaking a claim for emotional damages.
Attorney
The first step of the process, as with all claims, is to consult an attorney. An attorney will be able to properly advise you toward whether or not you are eligible to make a claim, and whether or not you would be likely to win your claim. You should find a personal injury attorney, and preferably (if you can) one who offers their service on a no-win and no-fee basis. Many attorneys in the personal injury field do this, and this is fantastic when starting claims, as it means you do not have to worry about the initial cost, which can often be in the thousands, sometimes tens of thousands.
Notification Process
Once you have found your attorney, your attorney will make your claim and notify the defendant that they are to be summoned to court to stand trial. The notification process requires no effort from you, and rather, your attorney will handle all of it and ensure that you are represented properly.
Settlement
Before the defendant accepts and takes the case to trial, you may be offered an out of court settlement. An out of court settlement can be a lot of money and is often offered to circumvent court fees and a higher fine being issued to the defendant in the courtroom itself. Should a settlement be offered, your attorney will contact you and ask if you wish to accept or decline. You should ask for their advice and ask if they recommend that you do take the settlement. Your settlement will vary on who you are taking to court and the nature of the emotional damages.
Trial and Verdict
Should you decline, or should the defendant not make a settlement, the case will go to trial. The trial can last up to a week, sometimes two, and at the end of it, providing the defendant is found guilty, you will receive your compensation and part ways with your attorney.
Now, with the help of this page, you know everything that one could possibly want to know about emotional damages and how they are processed in court. Emotional damages can ruin your life, so pursue legal aid if you find yourself suffering as a result of them.
