By Susan Melony
No one wants to think about what would happen if they were in a car accident involving a large truck. Truck accidents cause life-altering injuries and emotional trauma.
Victims of truck accidents often have the right to seek economic and non-economic damages. Economic damages are monetary losses like medical expenses and loss of income. Non-economic damages refer to emotional suffering, stress, trauma, and anxiety.
Mental anguish counts as non-economic damages, even if it is not as easy to quantify for a court case. If you are suffering emotional distress after a truck accident and want to sue the driver, you must contact a lawyer to help you.
A lawyer can help you understand your options and guide you through the legal process.
What is mental anguish?
Mental anguish, or emotional distress, refers to the non-physical pain and distress you feel after an accident. For example, you may suffer flashbacks from the accident, which forms part of a condition called post-traumatic stress disorder (PTSD).
You may become anxious or depressed after the accident or struggle to fall and stay asleep. You may notice a lack of interest in your work or hobbies you used to enjoy. If you suffered an amputation or have a part of your body that no longer functions 100% after the accident, you may suffer even more emotional pain.
Compensation for mental anguish is usually considered part of pain and suffering. The amount of compensation you can get will depend on how severe your emotional distress or mental conditions are.
For example, if you have a disability because of the accident, or if a doctor confirms your PTSD will last a long time, you will receive more money. In these instances, you will need long-term medical care, and your compensation payout must cover the expenses.
Limits on mental anguish compensation
Generally speaking, there is no limit on how much money you can sue for. People have gotten very large settlements after proving how much a truck accident changed their lives for the worse.
Your lawyer will discuss the amounts with you based on your injuries and emotional distress. It is possible to get a high amount, but remember that no two personal injury cases are identical.
How to calculate compensation for mental anguish
It is not easy to calculate compensation concerning mental anguish. This is why lawyers use two main methods of calculation:
- Multiplier Method: This method is most commonly used because it considers economic damages. Your lawyer will have a look at the cost of your medical bills and how much income you lost. They will then assign a number between 1 and 5 to your case based on how severe your mental anguish is.
The number multiples the economic damages and produces the compensation you can sue for.
- Per Diem Method: This method provides a set dollar amount for each day you have suffered mental distress after the accident. The set daily amount is also based on how serious your injuries and emotional distress are. With the Per Diem method, the lawyer starts calculating from the day of the accident and will continue to count the days until you reach MMI (maximum medical improvement).
Filing a mental anguish lawsuit
Some accident victims feel too embarrassed to sue for mental anguish. However, it is important for everyone who is hurt and emotionally distressed by an accident, especially involving a truck, to have a chance to recoup their losses.
If you are considering filing a claim after a truck accident, you first need to find out about your state’s statute of limitations. Then, work with a lawyer you are comfortable with to help you file your case.
Make notes of everything
Your lawyer needs relevant information to help you win your compensation case. This means you must make notes of everything you experience after the accident. Keep track of your stress levels, insomnia, weight loss, etc. If you have physical symptoms arising from your mental distress, it will strengthen your case.
When you need the evidence, meet with your lawyer and have them review your notes. If you need more evidence or records, your lawyer will help you compile these. When the evidence is in hand, your lawyer will prepare your case for trial and prepare you for the court case.
Serving the defendant
At this point, your lawyer will officially file your claim. When the case has been filed, the defendant will be served a court summons. Your lawyer will prepare to take your case to court by exchanging information with the defendant’s legal team.
Settling after a trial
The court will set a date for your trial to start. Your lawyer will present your evidence to the jury or judge during the trial. They will also argue your case against the defenses from the defendant’s legal counsel.
Typically, after both legal teams rest, a judge or jury will reach a verdict. This means the judge or jury will decide whether you get a settlement.
This does not mean that your lawyer cannot get a settlement from the defendant’s legal team before the end of the trial. You and your lawyer can ask for a settlement before filing the case. The defendant can also offer or negotiate a settlement anytime during the trial.
When to sue for mental anguish
You can only sue for mental anguish under specific circumstances. For instance, if a severe injury after a truck accident causes you emotional distress, you have the right to sue.
You can also sue if someone deliberately or intentionally behaves in a specific manner, causing emotional suffering. This includes violent threats and stalking.
Another reason to sue is negligent infliction of emotional distress. This refers to a scenario in which another person’s negligence causes you mental anguish. This may include physical injuries or witnessing the killing or murder of another person.
Either way, if you suffer mental anguish after an accident or incident, you should consider suing for compensation. Getting a large payout can provide relief from the monetary expenses of getting help for your emotional distress. It can also give you more options to try and recover from the psychological damage inflicted by another person or party.
