What is a Personal Injury Claim?
What constitutes a mental injury?
A mental injury as it pertains to children is an injury to a child’s psychological or intellectual ability and capacity. Any emotional, cognitive, behavioral, or mental disorder a child develops due to an act of commission or omission is a mental injury. Sometimes the mental injury is inflicted by the caregiver of the child.
Adults can also experience mental injuries. When it comes to both mental and emotional injuries, a psychologist must be able to show and testify that you have experienced a legitimate disorder or injury. For a mental injury case, you must be able to provecausality. What this means is you must be able to prove that the individual or organization you are taking to court is responsible for your injury, and that requires your health conditions previous to the incident to be taken into consideration. For example, if you already had PTSD before an event you deem traumatic and you are trying to prosecute someone for further PTSD you feel you have developed, the fact that you already had PTSD before will have to be taken into consideration in court. If you are unsure whether the court would find your case and argument to be valid, schedule a free consultation with us today, we can help.
We hope this article has been helpful for you to learn about whether or not you have a personal injury claim. Sometimes it really can be hard to determine. You have nothing to lose by calling for your free consultation to go through the facts of your experience and decide if you have a winnable case, and what would be the next best course of action.