What Makes a Strong Mental and Emotional Injury Case?

One of the first things an accidents attorney in Orange Park will tell you is that each case is unique and must be evaluated on its own merits. However, there are definite factors that tend to make a mental and emotional injury case strong. The strength of your case correlates directly to the dollar amount of any settlement or award.

accidents attorney in Orange Park

Some of the factors that your accidents attorney in Orange Park can further explain include:

1.       The Presence of a Physical Injury

A case that involves only mental injury damages is often more difficult to prove than one with both physical and mental injuries. While certainly real and provable, mental injuries tend to be more subjective and the medical evidence less persuasive than one finds with physical injury.

If a physical injury is present, it bolsters the credibility of the injured party’s entire claim. There is some logic to a conclusion that the trauma of the physical injury in conjunction with the physical injury itself, led to the mental and emotional damages. Additionally, severe physical injuries fulfill the “stressor” requirement of post-traumatic stress disorder.

2.      The Nature of the Defendant

Typically, a case against a large corporation, especially one that may be in public disfavor, results in a larger dollar recovery than would a similar case brought against an individual defendant.  The reality is that you do not get to choose your defendant.

In some cases where an individual defendant acted particularly egregiously or perhaps intentionally, or was in a position of trust, such as a psychiatrist or elder care worker, it may expose that individual to a very large verdict or significant settlement.

Evaluate the Strength of Your Case

John Fagan, an accidents attorney in Orange Park, can explain your rights and craft a strategy for success. Mr. Fagan provides a complimentary, no-obligation consultation, by calling (904) 278-1000.

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