How much compensation for anxiety?
Experiencing anxiety after a personal injury is not only common but can also be debilitating. Victims often wonder if their emotional distress, particularly anxiety, is compensable in the eyes of the law. In this blog, we’ll explore the possibility of receiving compensation for anxiety, how it is factored into a settlement, and the evidence required to support such a claim. Mark Perron, a seasoned personal injury lawyer at Perron Law Office in Minneapolis, provides expert insights into navigating these complex cases.
Can You Receive Compensation for Anxiety?
Legal Basis for Emotional Distress Claims
Yes, you can receive compensation for anxiety if it’s directly related to a personal injury. In legal terms, this falls under ’emotional distress,’ a category of damages that a personal injury lawyer can help you claim. Emotional distress in personal injury cases often includes anxiety, depression, PTSD, and other psychological impacts stemming from the physical injury or the trauma of the accident itself.
Incorporating Emotional Distress into Settlement Figures
Calculating Compensation for Anxiety
Determining the right compensation for anxiety involves several factors:
- Severity and Duration: The intensity of the anxiety and how long it persists play a significant role in the valuation.
- Impact on Daily Life: Compensation may depend on how significantly anxiety affects your ability to perform daily activities and enjoy life.
- Medical Treatment: The costs of therapy and any medications needed to manage anxiety symptoms are also considered.
Mark emphasizes that each case is unique, and therefore, the calculation will vary based on individual circumstances and the evidence presented.
Proving Anxiety Related to a Personal Injury
Evidence Required to Support Your Claim
Proving that your anxiety is a direct result of a personal injury and not pre-existing or related to another cause is critical. Here’s how you can substantiate your claim:
- Medical Documentation: Obtain thorough records from psychologists or psychiatrists treating your anxiety, indicating that it stems from the accident.
- Expert Testimony: A mental health expert may need to testify about your condition and its connection to the incident.
- Personal Journal: Keeping a diary detailing your daily emotional state can provide tangible proof of the impact on your life.
Gathering robust documentation is key to building a strong case for compensation for your anxiety.
Severity of Anxiety for Compensation Eligibility
When is Anxiety Severe Enough?
Not all cases of anxiety are eligible for compensation. The anxiety must be significant enough to:
- Impair Functioning: It should severely affect your ability to work, perform daily tasks, or maintain social relationships.
- Require Professional Treatment: There should be a demonstrated need for psychological treatment directly related to the incident.
Mark advises that the threshold for “severe enough” is generally met when anxiety disrupts your normal functioning and quality of life in a profound way.
Conclusion: Seeking Legal Assistance for Anxiety Claims
If you’re suffering from anxiety following a personal injury, it’s essential to consult with a personal injury lawyer like Mark Perron to explore your options for compensation. Understanding the nuances of how emotional distress claims are handled can ensure you receive the compensation you deserve. With expert legal guidance, you can navigate the claim process more effectively and focus on your recovery.
If you’re looking for a Personal Injury Lawyer in Minneapolis, Perron Law Office is the most trusted name in the Twin Cities area. We proudly serve the communities of Lauderdale, Columbia Heights, Falcon Heights, Robbinsdale, Roseville, Crystal, New Brighton, Richfield, Arden Hills, Fridley. Simply reach out on 651-269-6208 to schedule your free consultation.