Mental anguish is defined as a type of suffering an individual experiences after they engage in a traumatic or dangerous event such as a car accident or trip and fall incident. It is a legal term that often arises in personal injury cases as many victims are awarded compensation for this. Some examples of mental anguish include “fright, feelings of distress, anxiety, depression, trauma, or grief” [Source: Legal Information Institute].
After a person has been involved in an accident in Kendall, FL, they may bring a claim against the other parties involved whose negligent behavior contributed to the incident, and in the claim, they may ask for compensation for mental anguish. Mental anguish is considered a noneconomic damage, which is often harder to value than economic damages which include things like medical bills, lost income, etc.
Noneconomic Damage Caps
Because many “presume that psychological injuries are less severe and credible—and therefore less worthy of compensation—than more “objective” bodily (physical) injuries,” according to research, some states place caps on noneconomic damages. A noneconomic damage cap is the maximum amount a victim would be entitled to recover for the pain and suffering damages they are seeking, but does not limit the economic damages they are seeking for things such as past and future medical expenses as well as others. Now, because the limits on noneconomic damages do vary by case type, an individual seeking compensation for mental anguish should speak with a Kendall, FL accident attorney to find out if the state has imposed a cap on this damage type, as the noneconomic damage caps no longer apply under most circumstances.
How much can a victim recover for mental anguish?
Mental anguish is just one of many types of noneconomic damages an accident victim might be entitled to recover if their lawsuit is successful. Determining the value of mental anguish alone can be tricky as it isn’t easy to put a price on the psychological suffering a person is going through. Because depression, anxiety, and other forms of mental suffering can have a significant impact on a person’s ability to live and enjoy life, it is important that they have a skilled Kendall, Florida accident lawyer determine what they should be awarded for mental anguish.
Connect with an Accident Attorney in Kendall, Florida After an Accident
If an accident victim would like to have a lawyer assess their injuries and determine if they are entitled to recover either economic damages, noneconomic damages, or both, they can contact Miller Trial Law. The Kendall accident attorneys at Miller Trial Law understand the substantial impact psychological injuries can have on a victim which is why they are willing to put forth the time and effort necessary to help a victim recover the compensation they are due.
Miller Trial Law can be reached at:
Town Center One
8950 S.W. 74th Court, Suite 1711
Miami, FL 33156