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Is Emotional Pain Compensable In A Personal Injury Claim?


If you were in a car accident, if you suffered a slip and fall incident, or if you were involved in some other unintentional injury accident where you were hurt, you may be able to file a claim against the negligent party responsible for your damages for financial compensation. It is best in these situations, that when you are ready to take legal action you have the most experienced and talented legal team on your side, advocating on your behalf. In Georgia, the Cobb County personal injury attorneys at Hawkins Spizman can evaluate your claim and discuss with you what legal remedies you have to take action and get the compensation you need and deserve.

Can You Be Paid for Your Emotional Pain After an Injury Accident?

Typically, when one or more negligent parties cause a situation where another party or parties are harmed, a legal suit can be brought against the side that caused the incident to happen. Determining how much a claim is worth, is something that an experienced personal injury attorney can do.

When the right approach to addressing the aftermath of one’s injury accident is to file a legal claim, it is imperative that all of the damages and losses are accounted for and added to the amount being sent in the demand letter. Failure to comprehensively and fully include everything that a victim has suffered now and in the future will mean that when a settlement comes about, it could be much less than what is actually needed by a victim. And, once a claim is closed, it is unlikely that there is the ability to go back and get additional compensation.

The types of damages you can include in your claim will vary based on the unique details of your injury accident experience. It is possible to include property damages, medical expenses, missed wages from work, and pain and suffering that exist. As a non-economic form of damage, emotional pain is something that can be included in one’s personal injury claim and be compensable. It is a non-monetary damage, but it is still a loss nonetheless. And when some physical symptoms are associated with one’s emotional distress, it may be possible to obtain payment for such harm.

Emotional distress after an injury accident can come in many forms. Some examples include deep depression, chronic migraines, inability to get a good night’s rest and sleep, extreme fear, problems with concentration, and more. Any one of these conditions can make living life a true challenge.

Some ways to show the magnitude of one’s emotional pain could be by journaling each day and detailing what exactly is being felt and experienced. Additionally, those around you could also be witnessing a change in your personality or notice you struggling to hold on and get through your days. What these individuals can testify to regarding these changes in your life can also be powerful and help explain how you have been emotionally impacted by your accident.

Speak to an Atlanta Personal Injury Attorney Today

Emotional pain can be intense and be a barrier to living a normal life the way you had before your injury accident. If you are suffering from emotional distress after your accident, you may be able to assign a monetary value to what you are suffering from in your personal injury claim. To learn more, please call the Atlanta personal injury lawyers at Hawkins Spizman to have your case evaluated during a free consultation at 770-685-6400.

Hawkins Spizman Trial Attorneys represent individuals in Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs.


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