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How to Identify Emotional Damages in a Personal Injury Case

By Edited Dec 17, 2015 0 0

In personal injury accidents, victims incur different kinds of damages. Courts study these damages and decide what they deserve to get from the responsible parties. While some damages such as medical costs and property expenses are easy to compute, there are also damages that are difficult to approximate. One example of this is emotional damages.

As the name suggests, emotional damages are computed based on an accident victim or party's pain and suffering. The following are some of the factors that are usually considered in determining emotional damages for personal injury victims:

  • Distress of the victim because of his injury. Some victims undergo emotional distress because of their injury. This type of damages should be compensated by the defendant.
  • Sadness and depression caused by the victim's loss of work. If the victim lost his work because of his injuries, he may become depressed and lose self-esteem.
  • Inability to join social groups and activities. In some instances, inability to interact with other people makes a victim more miserable.
  • Anxiety caused by long-term effects of the injury or disability. Some victims may consider themselves worthless because of their long-term disability. It would become difficult for the person to regain his confidence as an individual.
  • Suffering of the party due to the loss of a loved one. If the victim died because of the accident, his bereaved family would lose companionship, guidance, and in some cases, even income.
  • Reduction of the quality of living for the victim. This factor is often considered if the victim suffered a permanent illness or disability. The disability might prevent him from engaging in his usual life activities.

These are some ways to compute a personal injury victim's emotional damages. If you were involved in an accident and you incurred these damages, you may demand compensation from the liable party. Hiring an attorney is an ideal way to obtain the compensatory damages you deserve. Here are some factors you should do to prove a party's liability in the accident:

  • The party has a duty to keep you from getting injured.
  • It failed to do that duty because of negligence.
  • There is a connection between the party's breach of duty and the accident.

Like physical and monetary damages, emotional damages should also be provided by the responsible party. Besides, these damages take a much longer time to heal. If you need help with your personal injury claim, you can ask a Los Angeles injury attorney to assist you.



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