We have talked extensively about the importance of prioritizing mental health. As we have stated in the past, mental health treatment is vital and providing access to therapy can save lives.
Unfortunately, we have to be aware of the different reasons mental health problems surface. One of the reasons is that some people are victims of personal injuries. They might experience a lot of stress while suing for compensation.
If you have filed a lawsuit for a personal injury, then you need to take the right steps to protect your mental health. Keep reading to learn more.
A Growing Number of Lawsuits Strains Our Mental Health
You might think that it is far fetched that a personal injury lawsuit can threaten your mental health. After all, the chances of being sued in the first place might seem slim.
Unfortunately, the risk is a lot higher than you think. According to figures from the National Safety Council (NSC), 55.4 million (or approximately one in six) people sought medical attention for an injury in the U.S. in 2020. When this is due to another party’s negligence, there may be a viable claim for personal injury. Personal injury law provides legal recourse to an injured person allowing them to file a lawsuit against another party for the harm they have suffered to their body, mind or emotions.
Obviously, genuine injuries cause emotional distress for the injured party. However, the lawsuit can affect the mental health of the defendant as well, especially if they didn’t do anything wrong.
What Can You Do to Protect Your Mental Health During a Personal Injury Lawsuit?
There are some important things to keep in mind to protect your mental health when suing for a personal injury. Some tips are listed below.
Seek Counseling
We talked before about some of the things that you can do to protect your mental health while filing a personal injury lawsuit. One of the most important things that you can do is get therapy. A therapist will help you work through your stress.
Consider a Fair Settlement
Around 95% of personal injury lawsuits are settled before trial. If you are offered a fair settlement, then you might want to take it as soon as possible. This will offer you a lot of relief when you don’t have to stress out thinking about the outcome of a trial.
Understand the Lawsuit Defenses to Feel Assured You Will Win
You will want to know you are on the right track to win your case if it goes to trial. This will make it a lot easier to manage your stress. This involves understanding the defenses that will be raised and whether they will impact the trial.
Unfortunately, seeking compensation for your injuries is not as straightforward as you might think, and the existence of an injury does not necessarily guarantee the successful outcome to your claim. In addition to establishing the conditions needed to prove the other party (the defendant) was negligent, you may still be prevented from recovering compensation if certain defenses can be used to deny liability.
Before bringing a personal injury claim it is, therefore, advisable to seek legal advice from an experienced personal injury law firm who can review your case for free and advise you of the chances of success. In this article, we will review some common defenses used in personal injury cases which may apply to your case.
Pre-Existing Condition
This is one of the most common defenses used by a defendant’s lawyer or insurance company to avoid liability in a personal injury claim. The defense may argue that your injuries were already present due to a pre-existing condition rather than being attributable to the defendant’s actions. This may prevent you from recovering damages, or limit the amount you receive, even if the defendant is found negligent.
For example, if you were involved in a car accident and suffered a neck injury as a result, the defendant may try to prove your neck was already injured prior to the accident and did not arise because of their actions. To establish this, their lawyer or insurer may assess your medical records to investigate whether you had any conditions or issues that can point to your injury being in existence before your accident. In this case, you may be prevented from receiving any compensation for your injuries or the amount of damages you receive will be reduced to the extent that the defendant is found liable for aggravating or worsening your pre-existing injury.
Statute of Limitations
As an injured party, you have a limited amount of time to file a personal injury claim against the defendant. A statute of limitations sets a strict time limit on your right to file such a claim. Each state sets this law which typically ranges from one to three years.
If you file your claim after the statute of limitation in your state has passed your case will most likely be dismissed. However, in some cases an injury does not become apparent until many years after an accident occurred, for example in product liability cases. Here, most states will have an exception known as a ‘discovery rule’ which extends the deadline in cases where the injured person had no reasonable way of knowing they were injured until later.
Being aware of some common defense tactics a defendant may use to avoid liability can your personal injury lawyer prepare arguments to counter them.
Try to Manage Your Stress While Handling a Personal Injury Case
You may find that it is very stressful to sue for a personal injury. You will want to do everything possible to keep your stress in check during the process. The tips listed above can help.