Are mental damages covered in a brain injury lawsuit?

Yes, mental damages are generally covered in a brain injury lawsuit in New York. Mental damages include, but are not limited to, physical pain and suffering and mental anguish, such as the loss of enjoyment of life and emotional distress experienced due to the injury. In cases where the injured party was aware of the seriousness of the injury prior to taking legal action, they may also be able to seek damages for pre-existing mental health issues that were aggravated or made worse by the initial injury. Mental damages can be difficult to prove in court, especially if the injured party is unable to testify due to their injuries. However, medical records, psychologist testimony, and witness statements may be used to provide evidence of the mental impact of the injury. The injured party should also provide any evidence that may help demonstrate their pre-existing mental health condition, such as diagnosis records, treatment records, or psychometric test results. In many cases, a jury will review the amount of mental damages sought by the injured party and will decide how much compensation should be awarded, if any. All types of damages are taken into consideration when determining the amount of the award, including both economic and non-economic damages. Ultimately, the goal of a brain injury lawsuit is to provide compensation for the damages suffered and hold the responsible parties accountable for their actions.

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Are mental damages covered in a brain injury lawsuit?

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