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Psychological Injuries

Posted on:6/22/2012
Sometimes an accident victim may suffer more than just physical injuries. The victim may suffer psychological injuries. For example a motorcycle accident victim may never want to ride a motorcycle again.


Sometimes an accident victim may suffer more than just physical injuries. The victim may suffer psychological injuries. For example a motorcycle accident victim may never want to ride a motorcycle again. The victim may get scared by the very thought of riding a motorcycle. Likewise a bus accident victim may never gather courage to ride on a bus again. When the victim has to use the bus to commute to work and if he or she is scared to ride on the bus after recovery, then it can have long lasting consequences.

 

Psychological injuries are stress related emotional conditions resulting from accidents. It can include post traumatic stress disorder, acute stress disorder, major depressive episodes, substance abuse and a myriad of other anxiety and depressive reactions. Not all psychological injuries are legally compensable.

 

In many states, recovery for psychological injuries is allowed independent of physical injuries. In some states, negligent infliction of emotional distress has not been adopted as an independent tort but rather psychological injuries are given consideration in the damages stage of a traditional accident case.

 

If you are claiming compensation for psychological injuries, you must prove that but for the accident, the injuries would not have resulted. This is known as the but for test. If on a balance of probabilities, a judge or jury decides that the injury would not have occurred but for the negligent behavior of the defendant, then causation is proved.


  
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