https://www.thecherrycreeknews.com/can-a-personal-injury-be-mental/
Can A Personal Injury Be Mental?
The victims of negligence are entitled by law to damages for both physical injuries and psychological injuries.
There are a number of ways your body can be ravaged in the event you are involved in some kind of dangerous accident. A pedestrian can be struck from behind by a vehicle and have their spinal cord severely damaged or someone could suffer an infection from botched surgery that results in them having their arm amputated. Accident victims can even do something as simple as fall and suffer a traumatic brain injury but while an accident can damage the brain physically, it…
The victims of negligence are entitled by law to damages for both physical injuries and psychological injuries.
There are a number of ways your body can be ravaged in the event you are involved in some kind of dangerous accident. A pedestrian can be struck from behind by a vehicle and have their spinal cord severely damaged or someone could suffer an infection from botched surgery that results in them having their arm amputated. Accident victims can even do something as simple as fall and suffer a traumatic brain injury but while an accident can damage the brain physically, it can also cause serious mental harm as well. Injuries to mental health caused by accidents can be just as debilitating as many physical injuries and often accompany these physical injuries or are even caused by them. Mental injuries and illnesses in relation to accident injuries often do not get as much attention as they should which is a shame since they can often cause quite a bit of harm. Those that have suffered an injury to their mental health by developing a mental illness such as PTSD or depression can seek compensation for those injuries much like they would for any physical ones. Through a personal injury claim, a plaintiff would have to prove that a liable party’s negligence caused the mental illness or injury that the plaintiff is suffering from. This often can prove to be much more difficult to do that it sounds on account of how many mental injuries and illnesses lack the kinds of easily measurable and tangible physical symptoms and signs that physical injuries display. Damages for psychological injuries may include compensation for treatment, counseling, and prescription medication costs. Victims may recover lost wages when their accidents have kept them from work, and they’re also entitled to damages for their personal pain, suffering, and emotional distress. Long after the physical wounds heal, victims of serious crashes and other tragedies sometimes continue to suffer from mental illness injury or psychological damage. It is possible to receive a fair settlement for the treatment of these issues, just as they can for their medical expenses. What does the law say about mental personal injuries? We shall have the right and duty to defend any “Claim” or “Suit” seeking damages covered by the terms and conditions of this policy when: (b) Damages are sought for “Bodily Injury”, “Property Damage”, “Personal Injury”, or “Advertising Injury” which are not covered by “Underlying Insurance” or other insurance. (irmi.com) This includes recognizing that mental injury and mental illness as a result of trauma is not disordered, but is a normal and natural human response to trauma, the negative effects of which can be ameliorated through diagnosis and effective treatment. (2) Personal injury includes mental injuries and mental illness unaccompanied by physical injury for an employee who is a first responder or frontline state employee if such first responder or frontline state employee: (a) Establishes that the employee’s employment conditions causing the mental injury or mental illness were extraordinary and unusual in comparison to the normal conditions of the particular employment; and (b) Establishes, through a mental health professional, the medical causation between the mental injury or mental illness and the employment conditions by medical evidence. (3) The employee bears the burden of establishing the matters described in subsection (2) of this section by a preponderance of the evidence. (4) Until January 1, 2028, a first responder may establish prima facie evidence of a personal injury that is a mental injury or mental illness if the first responder: (a) Presents evidence that the first responder underwent a mental health examination by a mental heal…
Did you miss our previous article…
https://chrisnevitt.com/2020/12/30/most-expensive-colorado-hospitals-set-charges-from-10-to-13-times-over-their-costs/
