Louisiana Injury Lawyers Blog
An individual’s quality of life can be greatly affected in an instant. After an accident, most people are primarily concerned with apparent physical injuries and property damage. But once the dust settles, emotional suffering can begin to greatly impact the victim’s life.
Not only may the victim experience physical pain, but he or she may also suffer mentally. A victim’s mental pain and suffering after an accident is less about the physical pain from the injuries, and more about the mental and emotional anguish that is caused by the injuries and the accident. In fact, emotional distress is very common following an accident. It can negatively impact the victim’s daily activities and routine. If the trauma is severe enough, it may require treatment from a psychologist or therapist.
Emotional suffering may include:
- Fear of getting behind the wheel again
- Depression
- Anxiety and stress
- Irritability
- Embarrassment
- Mood swings
- Anger and frustration
- Post-traumatic stress disorder (PTSD)
- Disturbed sleeping patterns
- Panic attacks
Under Louisiana law, victims may seek general or special damages from any party who caused them injury after an accident. Special damages refer to compensation for specific monetary losses and out-of-pocket costs, such as medical expenses, lost wages, and property damage. General damages, however, refer to compensation for past, present, and future pain and suffering, mental anguish, anguish over disfigurement, amputation, or paralysis, loss of enjoyment of life, loss of consortium, etc.
General damages are not capable of objective quantification as special damages are. However, this does not mean that a victim will be unable to recover for pain and suffering cause by their accident.
In addition to any claims for physical injury, emotional pain and suffering is also a part of your personal injury claim. To be successful, the victim’s psychological distress must be severe, debilitating, and render them unable to carry on as they did before the injury.
While still recoverable under general damages, a claim for loss of enjoyment is evaluated separate from emotional pain and suffering. Loss of enjoyment of life, in comparison, refers to detrimental alterations of the person’s life or lifestyle or the person’s inability to participate in the activities or pleasures of life that were formerly enjoyed prior to the injury. Imagine not being able to play pitch and catch with your son anymore, canceling attendance at your child’s dance recital, or no longer being able to play on your sports team.
The same injuries may affect people differently. A quiet, reclusive person with a desk job may have pain and suffering from losing a leg. He would have a permanent disability, but he would be able to continue work. He may have some loss of enjoyment of life but not to the extent that person who liked to hike, hunt or play tennis would. A person with a bad back and grown children, who does not do heavy lifting, may not lose as much enjoyment of life as someone with young children who cannot play “horse” or enjoy the squeals of a young child being tossed into the air. McGee v. AC And S, Inc.
Because mental pain and suffering is not apparent, it is crucial that the victim provide sufficient evidence to back up their claims. Evidence may include medical records from any therapist consulted with, copies of psychiatric evaluations, records of prescriptions for antidepressants or other mood-stabilizing drugs, and testimony from the victim’s treating doctor. Close friends and family may also provide testimony about any decline in the victim’s mental state since the accident.
With the help of an experienced personal injury attorney, you may successfully recover a monetary award for general damages. If you or someone you love has been injured in an automobile accident and has suffered emotionally, call us today for a free consultation! PHONE CARDONE at 504-522-3333, 833-597-1818 (toll-free), 225-706-3920 (Baton Rouge office), or email us at c@phonecardone.com.