mental anguish and fear and anxiety

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 14 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 14 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption