Mental Injuries Are Complex Factors

When something extreme and negative happens to a person, this can affect the victim on multiple levels. A child, for example, who has never known anything but love and support from parents is going to be deeply affected by a traffic accident in which he or she is not only injured, but witnesses the death of the parents. This means, obviously, that in addition to the injuries that the child needs to be physically treated for, there is the emotional and psychological toll of witnessing the death of the parents. There may also be subsequent developmental issues that can arise from growing up as an orphan.

But even for adults, there is often an associated “mental injury” that can come from negative experiences. Soldiers returning from war, for example may suffer from post-traumatic stress disorder. People who have been victimized by sexual assault often share similar PTSD afflictions. In some cases, these mental injuries, such as anxiety, depression, or even an inability to take part in normal, everyday activities could have been easily avoided.

A person, for example, who is bitten by an out of control dog may suffer from a phobia of dogs thereafter, but if the owner had simply kept the dog on a leash, this could have prevented the injury and mental injury. This is why mental injuries, otherwise known as emotional pain and suffering, or emotional distress, may be a part of a lawsuit.

Not In Isolation


One thing that is important keep in mind is that despite the profound, possibly lifelong effects of a mental injury, it is very difficult to go to court, or even make a claim for workers compensation strictly on the basis of emotional distress/suffering. There have been attempts in Florida to change this at the state law level. People have begun to realize, for example, that emergency first response teams that go to shootings on a regular basis, are exposed to a far higher level of horrific experiences than most other people, and may legitimately contract post traumatic stress disorder (PTSD) as a result of their job.

Under ordinary circumstances, it is extremely difficult to get a lawsuit off the ground with only a mental injury as the source of the dispute. Someone involved in a car accident, especially one with lifelong disabilities as a result of the injury, may choose to add mental injury to the list of other causes for going to court. The same can be said right now for people filing for workers compensation if a specific injury leads to trauma. Even other non-injury related lawsuits, such as sexual harassment at the workplace, or wrongful termination, can have mental injuries added on as reinforcement.

Keep this in mind while considering going to an experienced lawyer for a personal injury lawsuit, or even a workplace accident. Florida law does recognize the effects and legitimacy of mental injuries on a person’s life.

However, that law is quite reluctant to address only a mental injury, and it is often far easier to tack it on as a “rider” to other primary causes in a lawsuit.


 

Client Testimonials

Attorney David Goldman has been exceptional in the process of helping me through the case. He has always been easy to reach, whether by phone or email, and has thorough knowledge and explains clearly in depth so you feel safe and confident in your lawyer

I used Michael Babboni and his paralegal, Nicole Moore for a legal matter. They went above and beyond my expectations. During the entire process there was constant communication with both Michael and Nicole. They were extremely organized and on top of my case, which I am very grateful for. Michael truly had my best interests at heart and he was very genuine. I plan on referring Michael to all family and friends and will continue to use him in the future.

I dealt most with Mr. Fernandez. I didn’t know a lot about this process. He took the time to speak with me individually, in person, to explain everything. It was very helpful to actually know and understand the process and what to expect. He closed my case quickly, which was nice that it was not prolonged! I appreciated his hard work and getting me what I felt I deserved after my car accident. I highly recommend him to anyone who needs an honest and reliable lawyer to assist you with your case!

I hired Mr. Walsh after an automobile accident this past March. He and his entire staff were extremely professional. They kept me informed every step of the way and settled my case in a timely manner. Thank you so much for your help.

Get Your Free Case Review

Fill out my online form.

Law Offices Near You

Sarasota Office

Sarasota

941-954-1234

3550 S Tamiami Trail, 3rd Floor Sarasota Florida 34239

Bradenton Office

Bradenton

941-752-7000

5291 Office Park Blvd. Bradenton Florida 34203

St. Petersburg Office

St. Petersburg

727-381-9200

6446 Central Avenue St. Petersburg Florida 33707

Venice Office

Venice

941-496-9555

3986 S. Tamiami Trail Venice Florida 34293

Englewood Office

Englewood

941-474-4800

2960 S. McCall Rd Englewood Florida 34224

Port Charlotte Office

Port Charlotte

941-613-1141

3986 Tamiami Trail Port Charlotte Florida 33952

Arcadia Office

Arcadia

863-494-0122

10 South DeSoto Avenue Arcadia Florida 34266

Fort Myers Office

Fort Myers

239-332-0770

8359 Beacon Blvd Fort Myers Florida 33907

Lakeland Office

Lakeland

863-683-5600

5137 S. Lakeland Dr. Lakeland Florida 33813

Get personal attention from a lawyer with decades of experience.


 
×