Understanding Emotional Distress Claims in Texas - Lessons from a Dallas Personal Injury Lawyer

There are a lot of obstacles to overcome after sustaining a personal injury. Victims often have negative impacts on their emotions, including anger, confusion, anxiety, and despair, in addition to physical pain and suffering while dealing with complex legal processes.

Depending on the degree of the injuries suffered, many individuals are robbed of their previous lives, from enjoying their favorite activities to working normally. It's doubtlessly challenging to deal with the emotional pain that comes along with a personal injury, but you're not alone.

So, how should you deal with the emotional distress claims in personal injury? Read on to learn more and call our skilled team at Rasansky Law Firm if you've suffered injuries due to another party's negligence. For decades, Texans across the Lone Star State have relied on our compassionate, caring attorneys because of our commitment to advocating on behalf of citizens just like you.

Coping with the Aftermath of Personal Injury in Texas

When someone suffers a personal injury, the aftermath may be overwhelming. Whether you're mourning the loss of physical ability or an unexpected person or thing in your life, it's okay to feel sad. The feelings you are having are normal and common; therefore, it's better if you don't stuff them down.

First, having someone the injured person can speak to or confide in after suffering a personal injury is crucial. If it helps, this person may be a member of the victim's own family or a close friend.

What's more, talking to a therapist who specializes in injury or accident rehabilitation may be extremely helpful if the victim of the injury is suffering significant depression, anxiety, or other major mental health concerns, and most or all of this treatment should be covered under your health insurance in Texas. In addition, several communities have been formed to help victims of personal injury who are going through similar problems. You may actually speed up your healing process by talking to others who actually understand your predicament.

Keep in mind that the emotional toll of a recent accident affects most people. Of course, a personal injury lawyer is another contact you should consult if you haven't already. When dealing with the legal procedure and financial difficulties that accompany a personal injury, having legal representation may be invaluable because dealing with the aftermath of a personal injury in Texas is a challenging ordeal.

Emotional Trauma After Personal Injury

Along with the physical agony and financial strain, a personal injury may cause a variety of other stresses. The psychological aftereffects of a physical injury are not to be underestimated.

Psychological trauma or stress after an accident is not uncommon, but one's emotional condition after sustaining a personal injury may change over time. By being aware of the red flags, you can get the aid, therapy, and support you need to deal with the emotional toll.

For example, dealing with PTSD after a personal injury is common. Although post-traumatic stress disorder (PTSD) is most often associated with war veterans, it may also affect survivors of other traumatic events, such as car accidents or abuse at home. Combat veterans are a group that has a high prevalence of PTSD. Although, again, veterans may be disproportionately affected by PTSD, it is also common among survivors of domestic abuse and those who have been in accidents.

Some of the signs of post-traumatic stress disorder are:

• Insomnia and/or recurring nightmares
• Profound sadness and/or worry that doesn't improve
• Increased stress responses
• General depression or disinterest in previous hobbies and typical day-to-day activities
• Avoiding anything that can bring up traumatic memories
• Unwanted yet enduring flashbacks to the traumatic event

Remember that the symptoms of PTSD may be managed, reduced, or even eliminated entirely with the aid of a professional diagnosis and therapy.

What Are Non-Economic Damages in Personal Injury?

As implied by its name, the term "non-economic damages" refers to those losses that are not directly related to financials. Non-economic damages attempt to put a monetary value on intangible losses like pain and suffering sustained in an accident.

In other words, there are no out-of-pocket costs associated with these damages. As mentioned previously, such losses are difficult to quantify and are referred to as general damages.

Subjective losses included in non-economic damages might comprise aspects like:

• Trauma (emotional or physical)
• The stress of long-term injuries (scarring or disability)
• Loss of pleasure or interest in day-to-day life

If the accident in question did not happen on the job, the plaintiff could seek non-economic damages under Texas law.

Punitive Damages in Texas Injury Cases

To be awarded punitive damages in a personal injury lawsuit in the state of Texas, the injured party must establish beyond a reasonable doubt that the defendant's actions were motivated by fraud, malice, or gross negligence. In addition to punishing the culprit, punitive penalties are intended to dissuade others from repeating the same behavior. Texas law permits such "exemplary damages" in certain circumstances.

If the defendant's actions were found to be willful or severely negligent and caused injury to another person, punitive damages may be levied in most countries.

Remember that the rules for requesting punitive damages differ from state to state and jurisdiction to jurisdiction.

Texas's Limits on Injury Damages

Non-economic damages in medical malpractice cases are capped in Texas. Details of this limit may be found in House Bill 4, commonly known as the Medical Malpractice and Tort Reform Act of 2003.

You may seek compensation from medical facilities for $250,000 in non-economic losses. In addition, $250,000 is the most any one medical center will provide you. Each hospital cannot be held liable for more than $500,000 in non-economic damages.

Non-economic damages in a medical malpractice case are capped at $750,000 across all defendants.

Call the Rasanky Law Firm For Personal Injury in Dallas

Retaining an attorney for a personal injury trial in Texas is essential to ensure you have the best chance of winning your case. Moreover, a qualified personal injury lawyer can help you cope with your trauma by protecting your legal rights and giving you the best path forward to recovery.

At Rasansky Law Firm, our lawyers have handled many personal injury claims and are ready to serve you today.

Contact our Dallas-area personal injury attorneys by calling 214-617-1816 if you or one of your loved ones suffered injuries and other damages in a Texas accident due to someone else's negligence.