mental anguish and fear and anxiety

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mental anguish and fear and anxiety

need to know a starting figure on mental anguish, no major physical injuries from car accident, but a lot of emotional, other party entirely at fault

Asked on May 4, 2009 under Accident Law, Virginia

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

States have put limits on who can sue and under what circumstances for such things as mental anguish, fear and anxiety, known in legal terms as emotional distress.  In the state of Virginia, where the liable party was negligent but not willful, and the "injured party" was not physically impacted (physically injured), there can be no recovery for emotional distress alone.  If, however, the "injured party" had some phsical injury which was documented, and that such resulted in emotional distress, recovery is available if such emotional distress was treated by a professional in the appropriate field.  If the latter is the case, the mental anguish, fear and anxiety would be compensable based on the amount and cost of treatment, the extent of the physical injury and the cost of such treatment along with any other special factors.  It is, therefore, impossible for me to state a "starting figure" without having specific information on the injury, the treatment and the cost of the medical bills.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No one can tell you a starting figure on mental anguish -- the law doesn't work that way.  You need to bring your entire case file, any journals you kept, what happened, how it happened, what you are going through, if you are under meds, how long, how long ago the avccident happened, a lot of considerations, witnesses, etc, to be able to even formulate where you are.   Further, you only have a limited time to sue.

So, hire or consult a personal injury in your state.  Try www.attorneypages.com or the Virginia State Bar.


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