Can Personal Injury Be Mental In Illinois?

In the realm of personal injury law in Illinois, the term “personal injury” is often associated with physical harm. However, Illinois law recognizes that injuries aren’t always physical. Emotional distress, a form of mental injury, is also considered a personal injury, and damages are available under Illinois law.

emotional distress mental anguish cook county attorney

Understanding Emotional Distress as a Personal Injury

Emotional distress refers to the psychological impact of an individual’s injury, such as anxiety or depression. This non-physical harm is considered a non-economic damage in Illinois, which is taken into account alongside financial losses in personal injury cases.

If you are suffering from emotional distress due to an accident, you might be wondering, “Is there an emotional distress attorney near me?” An experienced personal injury lawyer can guide you through the process of claiming emotional distress damages.

Proving Emotional Distress in Illinois

Proving emotional distress can be challenging. It requires showing documentation from medical professionals or identifying physical symptoms connected to the distress. Despite the challenges, victims can file a claim and address their needs in court.

In addition to the victim, others affected by the injury can claim loss of consortium. This term describes the lack of benefits, such as affection or sexual relations, suffered as a result of the injured person’s condition. Only the victim’s spouse is allowed to file a loss of consortium claim for compensation.

The Nature of Psychological Injuries

Psychological injuries can manifest in several ways:

  1. Traumatic Brain Injury (TBI): A violent collision or blow to the head can cause a concussion or traumatic brain injury, leading to mental or cognitive impairment.
  2. Emotional Trauma: The traumatic experience of being in a horrible accident can cause mental disorders. The memories of fear and pain can be devastating.
  3. Inability to Cope: Serious accidents can change a person’s life forever. The inability to go back to “normal” can cause psychological distress and mental disorders.

Identifying Mental Illness Injury

Psychological problems after a bad accident should be evaluated and treated with the help of a mental health professional. Here are the most common disorders that account for a mental personal injury:

  • PTSD
  • Clinical Depression
  • Anxiety Disorder
  • Phobias
  • Chronic Pain Disorder

Compensation for Psychological Injuries

The person whose negligence leaves someone with a mental personal injury is liable for the damage they have caused. This includes reimbursement for any counseling, medication, hospitalization, or psychological treatment that is necessary to ease their suffering.

If a victim’s psychological issues are chronic and result in a long recuperation or permanent disability, they may seek compensation for several losses:

  • Lost wages and future income, if they are unable to work
  • Ongoing therapy and medication
  • Caregivers for assistance with daily life
  • Emotional distress or pain and suffering

The first step in any type of personal injury case is to prove liability. If a victim has injuries from an incident that was not their fault, they deserve compensation.

In conclusion, personal injury can indeed be mental in Illinois. If you or someone you know has been the victim of an injury that has resulted in emotional distress, contact us now for a free case evaluation.

Remember, at Injured in Illinois, we’re here to help you navigate the complexities of personal injury law and guide you towards financial recovery. Don’t hesitate to fill out our contact form if you need assistance.

Disclaimer: This article is for informational purposes only and does not constitute legal or financial/tax advice. For personalized legal advice regarding your injury case, please consult with a qualified attorney.


Scroll to Top