Can Emotional And Psychological Trauma Be Considered In A Personal Injury Case Involving Catastrophic Injuries?
Yes. Emotional and psychological trauma are always considered in personal injury cases involving catastrophic injuries. Also called emotional distress or pain and suffering, they also form part of the non-economic damages injured victims can seek in personal injury claims, even if their injuries are not considered catastrophic. However, in cases involving catastrophic injuries, the compensation amount for emotional and psychological trauma is commonly higher because of the severity of the victim’s injuries.
To learn more about the damages you can seek in a personal injury case after sustaining a catastrophic injury, discuss your case with an experienced Charleston, South Carolina, catastrophic injury lawyer right away.
What Exactly is Emotional and Psychological Trauma?
Emotional and psychological trauma encompasses a wide variety of emotional anguish, bodily pain, and mental distress that injured victims may experience. Naturally, these are more significant when a person suffers a catastrophic injury.
While economic damages, such as medical expenses, property damage, and lost income, are easily calculable, non-economic damages, like emotional and physical trauma, are considerably harder to specify and quantify. This is because these damages aim to compensate injured victims for intangible and subjective losses, such as:
- Physical or Actual Pain – This refers to the chronic and acute pain you experience due to your catastrophic injury, including agony, discomfort, and functional and mobility limitations.
- Mental Distress – Emotional suffering due to permanent disabilities, disfigurement, or physical restrictions resulting from your injury.
- Emotional Anguish – The emotional and psychological trauma resulting from your injury, including depression, PTSD (post-traumatic stress disorder), anxiety, sleep disturbances, and feelings of helplessness and fear.
- Lost or Reduced Quality of Life – These include your inability to do simple daily tasks, interact with family and friends, and engage in hobbies, among many others.
What Factors Are Considered When Estimating Emotional and Psychological Trauma Damages?
Various factors play a role when figuring out the extent and severity of emotional and psychological trauma damages in Charleston, South Carolina, catastrophic injury cases. These greatly vary based on the specific facts of the case. However, these factors are typically considered:
- How the catastrophic injury affects daily living, such as how it impacts your ability to do regular hygiene and living tasks, maintain relationships, and engage socially with your friends and loved ones.
- The exact severity and nature of your catastrophic injury, including the length and extent of treatment and your prognosis.
- The reduced or lost enjoyment of life due to your injury. For instance, your inability to pursue hobbies, engage in recreational activities, and achieve life goals.
- The emotional and psychological effects of your catastrophic injury, including any mental health disturbances or disorders you may be dealing with now and in the future.
- The future effects of your injury, including anticipated permanent or long-term consequences, such as ongoing physical and mental health treatments, home care, permanent disabilities, and your requirement for home modifications and assistive devices.
Seek Legal Guidance From Our Charleston, South Carolina, Catastrophic Injury Lawyers Today
Navigating the intricate and complex nature of emotional and psychological trauma damages in catastrophic injury cases is inherently challenging because they can profoundly impact you and your family’s lives. Fortunately, you can turn to the Charleston, South Carolina, catastrophic injury lawyers at Mark C. Tanenbaum, P.A., for compassionate legal representation. Contact us online or dial 843-577-5100 to set up your free case evaluation with our Charleston, South Carolina, catastrophic injury lawyers.