The unpredictability of life in Sacramento can lead you down a challenging path to physical or emotional recovery. Sometimes, you might end up having to hire a personal injury lawyer in Sacramento.
For instance, you might face emotional turmoil if you are injured due to an accident caused by the negligence of another party. Or you may have witnessed a traumatic accident on Howe Avenue and Folsom Boulevard that caused you to develop anxiety and phobias.
In either case, you are eligible to receive compensation for the emotional harm done and subsequent medical expenses. With over 3,842 car collisions and 5,333 workplace fatalities, River City residents need a safety net. That is why you need to hire a personal injury lawyer.
But how will they help you gain compensation for the emotional distress? In this blog, we will answer that and more.
Understanding The Qualifying Psychological Injuries Of Sacramento Residents
Sacramento residents who experience physical pain or witness an accident caused by someone else can develop psychological injuries. If these individuals require evaluation and treatment from a mental health professional, they are eligible to file a lawsuit.
All psychological injuries or emotional distress stem from a life-threatening or dangerous incident you have gone through. Examples include car accidents, wrongful death, workplace injuries, dog bites, medical malpractice, product liability, etc.
When that happens, a medical professional will diagnose you with one or more of the qualifying mental health issues:
- Post-traumatic stress disorder (PTSD) is caused by triggers that make you relive the incident.
- Clinical depression happens when you succumb to the feelings of sadness and grief after an accident.
- Phobias occur when you develop an irrational fear of something specific to the incident.
- Anxiety disorder will make you jumpy when you think about potential harm from things related to the accident.
- Chronic pain disorder happens when you suffer physical pain caused by stress after a dangerous incident.
Recently, the family of a convicted man filed a medical malpractice and wrongful death lawsuit against Sacramento County. They alleged that the man died after three days of arriving in a downtown jail due to a lack of medical attention. In this case, the Sacramento Superior Court will surely consider the emotional distress caused to the victim’s mother and wife.
Why Do You Need A Personal Injury Lawyer In Sacramento Emotional Distress?
You need to provide evidence and establish the severity of the emotional distress caused by the defendant’s action in court. Doing this without professional help can be challenging and time-consuming. That is why you need to hire the most reliable personal injury attorney Sacramento has ever seen.
These individuals understand California’s law and will fight for you to get the compensation you deserve. According to Frantz Law Group, Sacramento residents can hire attorneys if they do not want to deal with confusing legal negotiations and issues.
Attorneys in Sacramento have a deep-rooted commitment resulting from trust-based relationships. They will advocate for your rights and fight relentlessly to get compensation for your emotional distress.
That means an attorney will help relieve your burden of getting direct testimonies, expert witness statements, corroborating medical evidence, etc. Consider them your trusted partner who will help you navigate the complexities of personal injury law when it comes to emotional distress.
3 Things To Consider When Hiring A Personal Injury Lawyer In Sacramento
In Sacramento, there are more than 5,400 state-registered attorneys ready to help you with any legal trouble. In the state, there are over 22,300 personal injury businesses. Hence, it can be a challenge for you to find attorneys suitable for your case.
That is why you need to consider the following things when hiring a personal injury lawyer for emotional distress:
- Check the lawyer’s success rate and compare your situation with past cases.
- Compare the fee structure of various law firms and read the retainer agreement.
- Ensure you have access to the evidence your lawyer presents to the court.
Furthermore, you must trust your judgment when selecting an attorney or law firm. Ensure to meet with the legal team and explain your situation without leaving out any details.
Separating Negligent And Intentional Infliction Of Emotional Pain
In California, you can sue for negligent or intentional infliction of emotional distress without showing any physical injury. These factors significantly affect the compensation amount you are eligible for.
#1. Intentional Infliction
You need to prove the at-fault party’s liability. For example, find proof that they performed outrageous and reckless actions to cause you intentional emotional distress or physical harm.
If the emotional problems go beyond what a reasonable person can experience, you can file a lawsuit claiming intentional infliction.
#2. Negligent Infliction
As for negligent infliction, you can either file a direct or bystander claim. In the former, your lawyer needs to prove the existence of emotional distress caused by the at-fault party’s negligence. Similarly, for bystander claims, you will need to prove that you witnessed the incident, leading to PTSD and anxiety.
Once proven, you can file a claim based on negligent infliction.
How Do You Seek Compensation For Emotional Distress In Sacramento?
Unfortunately, proving evidence for emotional distress can be challenging in Sacramento, especially since these are unseen injuries. Without a good lawyer, it might be hard to convince the judge that your emotional distress has caused irreparable damage to your life.
Either way, the payouts will depend on the strength of the claim and the severity of the incident. That is why you should seek hefty compensation for the following:
- Loss of wages and ability to earn in the future
- The high costs of ongoing medication and therapy
- Required assistance from caregivers for a normal life
You need to prove liability for the emotional pain and distress caused by the at-fault party. For that, you should seek professional treatment right after the accident.
While hiring a personal injury lawyer in Sacramento, you can get reimbursement for any medical or holistic services you use to ease your emotional suffering. Examples include hospitalization, counseling, psychological treatment, and medication.
To ensure a solid claim, you should find a mental health professional. Remember to hire someone who passed the California Counseling Law and Ethics Exam and has a license in Sacramento.
They will help you understand whether your emotional distress and medical diagnosis qualify for compensation or not. Moreover, these professionals can link PTSD, anxiety, phobias, etc., to the accident. Once proven with medical bills and statements, your lawsuit will have a higher winning chance.
Summing Up
You usually file for a personal injury claim after slip-and-falls, medical mishaps, car accidents, etc. Yes, these can lead to physical injuries like lacerations, broken bones, etc. However, when these wounds heal, many do not consider the irreparable psychological damage associated.
But why should you suffer from these injuries when you can get the compensation you deserve? Hence, you should hire a personal injury attorney in Sacramento. They will help you get a fair settlement based on the medical expenses and extent of damages.
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