Personal injury claims stem from the negligence of people that results in someone getting hurt. When people get hurt, the most observable effect is the physical injury. These injuries are concrete and can be visually assessed. They come in the form of a broken bone from an accident or an infection from a medical mistake.
But, the physical effects of these negligent acts are only what happens in the surface. Personal injuries have other consequences. In these cases, they are the opposite of physical injuries. These are not always as visible, but they are just as real. These types of injuries are called mental injuries.
Physical injury can affect mental health in many ways. Just like when it comes to their physical counterparts, there are degrees of severity. It can manifest through crying, mood swings, or loss of appetite.
In some cases, the effect can be so extreme that it is almost as if there is a new person. People who used to enjoy being outside can be so traumatized that they are unable to leave their homes. Sunny personalities can shift into something sullener or more withdrawn.
Depression is one of the possible outcomes of physical injuries. One of the graver manifestations is that the victim is unable to function to the point that someone needs to care for them.
Although the severity of the effect on mental health differs in each case, the result is similar. There is a reduction in the quality of life and it is directly attributed to the physical injury sustained.
The law values the mind as much as the body. Individuals who experience mental injuries are entitled to receive assistance for their condition because of what they experienced. The awarding of damages is based on many legal sources like Florida Statute 768.74 and Florida Statute 768.043.
One of the remedies a victim can get is financial assistance for counseling, medication, or other forms of treatment they may need to take to address their mental injury. In the same way that a victim is entitled to assistance for medical expenses related to physical injuries, those suffering from mental injuries are also permitted to get financial relief.
If the person is unable to return to work because of how the injury affected the mental state, then he or she can make a claim on lost wages.
There is another kind of claim personal injuries can get. It is called non-economic damages. These are for instances where the victim does not experience actual financial loss. Rather, they receive compensation for the suffering they experience because of someone’s negligence.
Examples of non-economic damages are sleepless nights, loss of companionship, anger, or fearfulness.
It is important to note that mental injuries need to be proven before a claim can be made. It is often a difficult task, because it does not always have a tangible effect the way an injury on an arm or leg does. Also, those who experience personal injury do not always seek professional help. Thus, it is difficult to get medical records that prove claims.
Non-economic damages also do not follow a standard formula for calculation. It is based on the personal experience of the personal injury victim. Thus, the compensation or damages awarded to the victim can be difficult to predict.
Seek Professional Representation
A personal injury attorney Tampa would advise a victim to seek medical attention for both physical and mental injuries. The opinion of a medical professional removes the murkiness of the situation. Not only will the victim receive treatment, but a definite causal relationship can be established between the personal injury and the mental injury.
Hunter Law, a firm specializing in personal injury attorney Tampa, can provide the representation needed to ensure that that nuances of personal injuries and mental health are properly navigated.
Author Bio: Adrian Rubin is a freelance writer and photographer.