How to Prove Noneconomic Damages after a Lynn Car Accident

Everyone knows that when a car accident occurs, there will almost certainly be property damage to the vehicles involved, and that there very well could be physical injuries sustained by the people involved. However, emotional damages and suffering are rarely thought about, yet these injury types can be equally as debilitating and difficult to live with.

If you are involved in a car accident in Lynn and if you incur more than $2,000 in medical expenses or suffer a disfiguring injury, you have the right to seek noneconomic damages through a civil action (otherwise, you are obligated to file a claim with your own insurance via the no-fault system).

If you are seeking noneconomic damages after a crash in Lynn, here is how to prove pain, suffering, loss of quality of life, and emotional distress:

Personal Testimony

It is highly recommended that you keep a journal that documents your injuries, your recovery, and your mental health and experiences as you heal. Your personal testimony that speaks to the amount of pain you have suffered, how this pain was limiting, and the psychological effects that you have suffered as a direct result of your injuries will be paramount in proving noneconomic damages. The more details you can provide, the better, so be thorough.

Experts’ Opinions

Another way that you can prove that you have suffered noneconomic losses that you would not have experienced but for your injury is to work with experts and professionals who can testify on your behalf. For example, if you have been working with a mental health professional, your mental health professional can provide personal testimony regarding how you have adjusted to life after your injuries. Even if you have not been working with a mental health professional, a psychologist could provide their expert opinion on the effect that severe disfigurement and injuries like yours may have on a person who was in otherwise sound mental and physical health.

Be mindful, that if you were working with a mental health professional prior to your accident for personal, family related, work related or any other reasons, your past mental health history may be subject to investigation or review by an insurer or attorney for the insurer.  This is a reason you must have an experienced attorney to guide you through this process that could be feel intrusive to your privacy.

The attorney has handled cases where an injured party may have had a post traumatic event in his/her life years prior to an accident (10, 20 or 30 years more).  A serious motor vehicle accident can trigger an earlier trauma and the injured party may now experience a severe bout of post traumatic symptoms as a result of the motor vehicle accident despite the fact that for years prior, he or she had no issues, was not on medication, was able to fully gainfully work and engage in his or her daily activities but because of the new trauma, the injured party is now experiencing panic attacks, headaches, fatigue, depression, fear of driving a vehicle and even, fear of being in an operating vehicle.  These are all genuine cases that the attorney has handled and such cases must be handled with experience and understanding.  This impact on one’s life, although it does not show up on any diagnostic exam such as an x-ray or CT Scan or MRI, is an injury to one’s life that has value is compensable either through a settlement with an insurance company or in obtaining a court judgment in one’s favor at trial.

Testimony from Loved Ones, Friends, Co-workers

Those who know you best may also be able to testify about your noneconomic losses. For example, your spouse may be able to explain to an insurance adjuster or court that, prior to your accident, you were always out of bed early, excited about starting the day. You used to always exercise, and loved meeting your friends and spending time with your family. You used to have a number of passions and interests. Today, however, it is all you can do to get up in the morning, you rarely bathe or will hardly eat, you are unable to work, and your friends haven’t heard from you in months.

The testimony of friends and coworkers to substantiate this can make the story that much more credible.

You Deserve the Full Value of Your Losses

At Deborah Gold-Alexander Attorney at Law, our personal injury attorney has over 30 years’ experience assisting car accident victims in Lynn, and believes that you deserve to be fully compensated for your economic and noneconomic losses. To learn how Deborah Gold-Alexander can help you, call our law firm today for your free consultation, or contact us online.