|
|
|
|
My husband and 10-year old daughter were out walking when he was hit and killed by a car. She has been in depression ever since, missing school. Can my daughter receive damages for her mental distress? What factors are taken into account in the calculation?
Proving damages for emotional distress can be difficult. In the past, many jurisdictions would not permit claims for emotional distress unless there was an underlying physical injury, for example, if your daughter had suffered a severe injury along with seeing her father killed. This attitude is slowly changing and, in your daughter’s case, her age, relationship with her father, and the other circumstances of the case point toward a legitimate claim for emotional distress.
It is extremely difficult to put an objective measurement on a subjective claim, such as this. However, what would help your case are copies of doctor’s reports and evaluations. For example, the costs of any psychotherapy, special tutoring to help your daughter catch up in school, and the mental pain and suffering she has and is experiencing as a result of the accident. The court may look to other, similar cases to help determine what an appropriate award of damages is in this case. |
Free Case Evaluation From An Experienced Personal Injury Attorney.
|
|
|
|
|
|
|
|
|
Free
Injury Case Evaluation |
|
Reviewed by an Experienced Attorney |
|
|
|
|
|
|
|
|
|
State Law Center
|
Legal Resource Directory
|
Legal Articles
|
Insurance Advice and Quotes
|
FreeAdvice Answers
|
Community Forums
