There are various types of mental trauma, all of which can lie on a wide spectrum of severity. If you or a loved one recently experienced mental trauma or stress as a result of another’s action or inaction, you might be compelled to file a lawsuit to collect damages. But before you do, be sure to ask yourself some important questions in order to fully understand and prepare your potential tort case.
Continue reading to learn what you should be asking yourself prior to taking the next step toward filing a claim for mental stress or trauma.
Hire a Lawyer to Collect Damages for Mental Trauma
Being awarded compensation for damages experienced from having suffered some type of mental distress or trauma is not possible without the help of a licensed Indiana personal injury lawyer. In order to recover a settlement or verdict, damages must be proven within the boundaries of law. A personal injury attorney has the knowledge, experience, and resources to professionally assess your claim and determine if you are a good candidate for pursing legal action against a negligent party.
Here are the top 4 questions to ask yourself before calling a lawyer regarding a lawsuit over mental stress or trauma:
When Did Your Accident Occur?
Ask yourself how long ago was the event that subsequently caused your mental distress or trauma. There is a statute of limitations in Indiana that sets time restrictions on how long claimants can bring about a lawsuit against another party. For most types of tort claims, Indiana allows 2 years from the date of the accident or event. If it has been more than two years, you likely do not have a valid claim anymore.
Has Your Stress or Trauma Caused Physical Symptoms?
It is sometimes challenging to provide evidence proving mental stress or trauma. If your distress has manifested itself into physical symptoms, it can be a lot easier proving your damages. Examples might include migraines, headaches, ulcers, digestive issues, night terrors, sleep walking, insomnia, self-harming, and suicide.
Have You Seen a Doctor?
When it comes to any type of personal injury claim, documentation showing medical assessment and treatment is crucial. But when it comes to claims regarding mental trauma or stress, it is even more vital. Ask yourself if you have been seen by a doctor. For such cases, you would want to see both a medical doctor and a therapist or psychiatrist. Both treatment and documentation of all care are critical to proving your claim.
Do You Have a Lawsuit?
With all of the other questions answered, the final and most important question to ask yourself is whether or not you have a valid case. You can choose to meet with a personal injury lawyer to learn your claim’s strength.
Are you ready to learn your eligibility for pursing legal action against the party responsible for your accident? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free case evaluation with a seasoned Indianapolis Indiana personal injury lawyer you can trust.
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