Can I Sue for Mental Anguish From a Car Accident in Houston?
If you’ve been involved in a car accident in Houston, you may be able to sue for mental anguish as part of your personal injury claim. You may be aware that you can sue for economic damages, such as your medical and repair bills and lost wages. However, you may not know that you can also sue for non-economic damages, as well.
A Houston car accident lawyer can help you understand the sorts of damages you can claim after an accident. One of our knowledgeable lawyers can assist you in including both economic and non-economic damages in your claim. Call us today and put your case in an expert’s hands.
Understanding Mental Anguish
The term “mental anguish” can refer to any mental trauma you suffer as the result of someone else’s negligence. This can include grief, depression, or any other severe, negative emotions. Importantly, this trauma must have a substantial impact on your ability to live your everyday life for it to qualify as mental anguish.
Types of Mental Anguish
When it comes to filing a claim for mental anguish, you do need to have a physical injury to accompany it. You can suffer mental anguish simply from viewing a particularly horrific car accident that resulted in the wrongful death of someone you love.
If you suffered a horrific injury as the result of a car accident, you may experience enough mental anguish to receive additional compensation as a part of your damages claim. For example; if you suffered a broken leg as part of the accident, the sight of your own bones might be disturbing enough for you to suffer mental anguish.
Proving Mental Anguish
Mental anguish as the result of a car accident can be a difficult thing to prove. It’s not enough to simply say that you’ve suffered mental trauma because of a crash. You need to be able to prove your suffering to a jury with a significant amount of evidence to back up your claim.
One of the best ways to prove your mental anguish is through the testimony of others. A physician or psychiatrist can explain to a jury the symptoms of mental trauma you’ve been demonstrating. There’s nothing quite like an expert to prove your claim is legitimate. Of course, a friend or loved one can also paint a picture for the jury of how your life has changed as a result of your suffering.
In the state of Texas, there is no set formula in place that courts use to determine how much compensation you can receive for mental anguish. Instead, the court awards damages based on how serious your suffering is and the proof you are able to provide. A Houston personal injury lawyer can help you gather all of the relevant evidence to help you get the fair compensation you deserve.
Several states, of which Texas is one, have placed what they call “compensation caps” on the award they can offer for non-economic damages like mental anguish. The purpose of a compensation cap is to prevent people from filing frivolous lawsuits, thinking they’re going to make a lot of money by claiming damages they are not actually suffering.
Of course, compensation caps have come under a lot of scrutiny from those who deserve more of an award, as well as their lawyers who are fighting for them. Sometimes, a cap of $75,000 isn’t enough to cover what could be lifelong medical bills as the result of another driver’s negligence. A Houston car accident lawyer can help you understand that caps that may apply to your case so you don’t have any surprises going in.
If You’re Suffering From Mental Anguish, Help Is Only a Phone Call Away!
You have the right to receive compensation after a car accident if you’ve suffered mental anguish. Mental anguish can occur in connection with an injury sustained during a car accident, or as the result of witnessing a loved one’s wrongful death. However, proving that you suffered mental trauma can be difficult. Your ability to show the extent of your damages typically determines how much compensation you will receive.
The good news is that you don’t have to handle your case by yourself. Hiring a Houston personal injury lawyer is your first step in ensuring you receive fair compensation after all you’ve been through. Our lawyers offer a free initial consultation with no obligation to retain us. Give us a call us at 713-677-2179, or fill out our contact form, and let’s get started!
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