Following an accident in South Carolina, victims often struggle with the profound emotional distress of the event. If you have endured psychological harm, you might be questioning whether you can recover compensation for these losses. Please continue reading to discover if you can pursue compensation for these damages in a personal injury claim and how a seasoned Chesterfield County Personal Injury Lawyer can help you fight for the financial recovery you need to get your life back on track.
Are Psychological Injuries Covered in Personal Injury Claims?
In South Carolina, psychological injuries can be compensable damages. However, they are treated differently from physical injuries. To recover compensation for emotional or psychological suffering, the injury must either be tied to a physical wound or satisfy specific legal criteria.
Generally, South Carolina courts don’t allow claims solely based on psychological harm. This is usually the case unless a physical injury is also present or the emotional distress is extreme and can be backed by substantial evidence. This means that if you only experience emotional distress without any bodily harm, obtaining compensation can be challenging.
Nevertheless, in limited instances, South Carolin allows recovery for psychological injuries alone, but only if the trauma is profound and clearly substantiated. This is known as either “Intentional Infliction of Emotional Distress (IIED) or Negligent Infliction of Emotional Distress (NEID). It requires proof of physical symptoms or a diagnosis caused by the defendant’s actions.
It should be noted that South Carolina even allows bystander claims when a closely related individual witnesses a traumatic event, resulting in their severe emotional distress, which frequently includes physical symptoms.
How Are Psychological Damages Valued?
When it comes to personal injury cases in South Carolina, victims can typically seek compensation for their economic and non-economic damages. Economic damages refer to tangible, out-of-pocket losses, whereas economic damages refer to intangible, subjective losses.
Emotional distress damages fall under non-economic damages. The valuation of these damages can vary significantly, as it depends on the specific severity and overall impact of the trauma on the individual’s life.
Several factors influence the amount awarded for psychological injuries. These include the severity and duration of the symptom endured, the direct effect on the person’s professional life and personal connections, the requirement for continuing medical or psychological care, and the overall credibility of the evidence provided to substantiate the claim.
Compensation granted for emotional distress covers a wide range of damages. These typically consist of general pain and suffering, mental anguish, loss of enjoyment of life, disfigurement, Post-Traumatic Stress Disorder (PTSD), and the overall detrimental effect on the person’s life.
At The Cockrell Law Firm, P.C., we are prepared to help you pursue fair compensation for your damages. Connect with us today to schedule a consultation.