Are mental damages covered in a brain injury lawsuit?
Mental damages, or damages to a person’s psychological or emotional condition, can be covered in a brain injury lawsuit in Washington. Depending on the specific circumstances, a plaintiff may be able to recover compensation for the mental anguish, depression, anxiety, and other psychological stress caused by the injury. In Washington, mental damages are typically awarded in two ways. The first is through a compensatory damages award. Compensatory damages are intended to provide a plaintiff with a monetary award that would make them financially whole after their injury. This award covers not just medical expenses and lost wages, but also pain and suffering, mental anguish, and other non-economic damages. The second way mental damages may be awarded is through a punitive damages award. Punitive damages are intended to punish wrongdoers in cases of extreme recklessness or intentional misconduct. In order for punitive damages to be granted, the defendant must have engaged in conduct that was particularly egregious or particularly malicious. Overall, brain injury lawsuits are complex and require expert legal guidance to ensure that all damages, including mental damages, are accurately accounted for and properly compensated.
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