Seeking Compensation for Emotional Trauma: What You Need To Know

• May 9, 2024

After an injury due to another person’s negligence or recklessness, it is normal to seek compensation. You’ll receive expensive medical bills in the mail for medications, surgery, riding in an ambulance, and other treatments. On top of that, you might be out of work and without a steady income. A personal injury claim will allow you to recover compensation for most damages. But did you know you could also get money for non-economic damages like emotional trauma?

This blog covers everything you need to know about seeking compensation for emotional trauma. If you or a loved one was involved in a traffic accident, contact Goodman Acker, P.C., at 248-286-8100 to learn about your rights and legal options. We offer free case reviews.

Why choose lawyers at Goodman Acker, P.C.?

Seeking emotional damages after an accident is not always easy and requires the help of an experienced attorney. At Goodman Acker, P.C., our personal injury lawyers have experience helping injury victims get this compensation, and we’ve done this for over three decades. We are dedicated to each of our clients and do all we can to ensure they receive the compensation or benefits the law allows.

When you hire us, we will work diligently to protect your interests and ensure your rights are not infringed upon. Therefore, do not hesitate to contact us if you need a legal team to go all in for you. We work on a contingency fee basis.

How to get compensation for emotional trauma

To obtain compensation for emotional trauma, you have to file a personal injury claim or lawsuit against the responsible party. The following is what you need to know when seeking damages for emotional trauma:

Hire a lawyer

Fighting for compensation for emotional trauma is not easy. Since it is subjective, it is always somewhat complicated. Therefore, you need a skilled and experienced personal injury lawyer. Our lawyers can increase your chances of success by bringing in professionals to prove your emotional trauma. We have done this for several clients and will do the same for your case. So, the first step you should take is getting legal representation.

Document the trauma

Physical injuries like broken bones are apparent to the eyes, so proving them is not always difficult. However, when dealing with emotional trauma, it is an intangible, subjective wound that requires detailed evidence and expert opinion. Therefore, you need to prove you indeed suffered from or are suffering from emotional trauma in order to get compensation.

Gathering proof involves documenting the trauma from the beginning. You need medical records, therapist’s notes, journal entries detailing your symptoms and their effects, and the testimony of those who witnessed the impact of the trauma on your life.

Calculate the worth of your case

Since emotional trauma is a non-economic damage, it does not have a fixed dollar value.  Your lawyer or insurance company will rely on several factors to determine an amount. One of them is the severity of the emotional trauma and the impact it has on your daily life, relationships, and ability to function. They will also consider factors such as anxiety, depression, PTSD symptoms, sleep disturbances, and interference with work or social activities.

Another factor that influences how much you can receive is the duration of the emotional trauma. Those with longer-lasting or chronic symptoms are likely to get more money than those with short-term symptoms. If you spend money getting treatment, the amount will also be considered when considering how much you should receive. Note that there is no cap on how much you ask for, but the courts or insurance company will consider these factors before awarding an amount.

File the claim

Once you’ve hired a lawyer, documented your trauma, and determined the value of your case, the next step is filing a claim. In Michigan, you must file a claim for most accidental injuries within three years, medical malpractice within two years, intentional injuries within two years, and domestic abuse within five years.

Should you accept a settlement or go to court when seeking emotional trauma compensation?

Usually, when seeking emotional trauma damages, it is part of a more significant claim that includes economic damages. The insurance company responsible might offer you a settlement to resolve the claim. Our attorneys will negotiate with them for the best possible outcome if they do. If the amount offered is fair, you can take the settlement and move on with your life.

However, if the amount offered for the emotional trauma you suffered, and other losses, is not fair, you can go to court. In court, we will present evidence to show why you deserve the amount requested, and the jury will decide whether you’re entitled to the amount. Therefore, the answer to whether you should take a settlement or go to court depends on the offer made by the insurance company.

Let us help you seek compensation for emotional trauma

At Goodman Acker, P.C., we sympathize with what our clients have been through and aggressively go after the party that harmed them. We will leave no stone unturned in getting you compensation and will be with you throughout the claims process. Contact us at 248-286-8100 to schedule a free consultation and learn how we can help you.