Can Personal Injury Be Mental?

When people think of “personal injury,” they often picture physical harm like fractures, concussions, or back injuries. However, personal injury can also be mental or emotional. In fact, emotional distress is a recognized form of personal injury in many cases. To pursue a claim for mental injury, you typically need to demonstrate that someone’s actions, such as unwanted physical contact, directly led to your emotional harm. If you believe you’ve suffered a mental injury due to someone else’s actions, contact The Jackson Law Group. Our Virginia personal injury lawyers are equipped to help you seek the financial compensation you deserve. Handling such a complex case alone is not advisable, and our team is here to fight on your behalf.

Common Personal Injuries: More Than Just Physical Harm

The majority of our clients experience painful physical injuries resulting from various accidents, such as:

• Car Crashes: Leading to whiplash, concussions, fractures, and other serious injuries.

• Pedestrian Accidents: Resulting in severe outcomes like paralysis, crush injuries, or even amputation.

• Truck Accidents: Causing shoulder injuries, nerve damage, brain injuries, and more.

• Bicycle Accidents: Often leading to permanent disabilities and chronic pain.

In addition to these physical injuries, many individuals also suffer from significant emotional and mental distress. Conditions such as depression, anxiety, or post-traumatic stress disorder (PTSD) are common. Seeking compensation for these mental injuries is not only possible but quite common, especially when they arise from a physical injury. In fact, most of our clients pursue compensation for both their bodily injuries and the resulting emotional distress.

Seeking Compensation for Mental Injuries Without Physical Harm

What if you haven’t suffered a physical injury but are experiencing significant emotional distress? Can you still seek compensation?

This scenario is more complex, but the short answer is yes—it is possible to seek compensation for a mental injury even if you don’t have a physical injury. However, it’s essential to examine the facts of your case carefully.

For instance, you may have experienced minor physical contact that led to profound emotional distress. Imagine a situation where someone is intentionally groped—while there may be no visible physical injuries, the emotional impact can be severe. In such cases, you may be entitled to compensation.

In certain situations, you can even seek compensation without any physical contact at all. For example, if someone spreads false information about you, damaging your reputation and causing significant mental anguish, this is considered defamation.

Virginia also recognizes Intentional Infliction of Emotional Distress (IIED) as a valid cause of action. If someone’s intentional or reckless behavior causes you severe emotional distress, you can sue as long as the conduct is extreme, outrageous, or intolerable. An example would be ongoing verbal harassment that results in severe mental trauma, even without physical contact.

How to Document and Prove Mental Distress

Proving physical injuries can be straightforward with medical imaging like X-rays or MRIs. However, proving emotional distress can be more challenging. Insurance companies often question the validity of mental injury claims, so it’s crucial to gather strong evidence, such as:

• Maintaining a Journal: Document your mental and emotional state daily to provide a detailed record of your struggles.

• Prescription Records: Keep records of any medications prescribed for depression, anxiety, or other mental health conditions.

• Therapist Testimony: A mental health professional can testify about the severity of your emotional distress and how it impacts your life.

• Testimonies from Family and Friends: Loved ones can provide insight into how your mental state has changed since the incident.

This evidence is vital in strengthening your claim for compensation.

Do You Have a Valid Case? Contact Us

Claims for mental injuries without accompanying physical harm are less common but still valid. If you’re unsure whether you have a case, reach out to us. We offer free consultations and can help you determine your best course of action. Don’t navigate this complex legal landscape alone—let The Jackson Law Group provide the guidance and advocacy you need.