Valuing Damages for Emotional Distress in California Car Accidents

Valuing Damages for Emotional Distress in California Car Accidents
https://rtmlawfirm.com/damages-for-emotional-distress-in-california-car-accidents/

The psychological impact of motor vehicle accidents is profound and far-reaching.

A study by the National Institute of Mental Health found that 39.2% of vehicle accident survivors develop PTSD. This statistic is a reminder that the emotional fallout of an accident can be as debilitating as physical injuries.

Trauma of this kind is often overlooked and undervalued in a personal injury case. Insurance companies may minimize the psychological trauma of an accident by questioning a patient’s mental health or their reaction to the event. This is especially true if there are no visible signs of injuries, such as cuts and bruises.

In personal injury law, emotional distress is a recognized component of damages. However, unlike physical injuries, where damages are often tangible and quantifiable, non-economic damages pose unique challenges in their assessment and valuation.

The law provides for the recovery of emotional distress damages California, acknowledging the significant impact these non-physical injuries can have on a person’s life.

This includes recovery for distress arising from a personal injury or wrongful death, and can take various forms such as physical pain, mental anguish, depression, anxiety, humiliation or embarrassment. The court will consider the extent of any emotional distress suffered by the plaintiff and also whether it has been made worse by the defendant’s conduct.

The valuation of mental anguish damages is complex. Unlike calculating medical expenses or lost wages, there is no straightforward formula for determining the worth of emotional suffering. Factors like the severity of the distress, the impact on the individual’s life, and the duration of the emotional suffering all play a role in determining the value of these damages.

However, it is possible to increase the amount of compensation that a personal injury plaintiff receives. Using an experienced injury lawyer is the best way for plaintiffs to ensure that damages for emotional distress in a personal injury case are accurately valued.

A knowledgeable attorney will provide insight into how California courts have evaluated and awarded emotional distress damages in past cases. The lawyer will also be well-versed in local laws and court precedents, and will know how to effectively argue that the emotional distress damages sustained by their client deserve higher compensation.

Call us for a free case review.

RTM Law Firm. Your Trusted Injury Advocate.