Depression has many causes and few solutions. Depression can be caused by hormonal imbalances in the brain, changes in life like loss and even by bodily injury. If you have been injured through the mistake or intention of someone else it is called tort injury. Compensatory damages in tort injury depression cases can vary significantly. You have to be able to prove that the depression that you have suffered is a direct result of the injury caused by the hand of another person. Tort injury can be intentional or unintentional so cases where depression is involved can be drawn out and difficult.
Tort Injury
When a person is injured, physically or emotionally, it is known as personal or tort injury. The person injured is entitled to compensation for that damage as long as it resulted from the other party’s negligence, carelessness, recklessness or intentional actions. This can come in the form of automobile accident, on the job injury and even the emotional upheaval of divorce. Anytime one person causes damage to another that results in depression, the injured party is entitled to some form of compensation, even if it is only in the form of having their medical expenses paid for having to seek help for the depression caused by the injury.
Compensatory damages in tort injury depression cases will depend a lot on the cause of the injury and proving that there was some link to the depression which needed to be treated. Treatment of the depression is necessary and has to be well documented to attain any compensatory damages in tort injury depression cases. Most tort injury cases have a strict statute of limitations which means you have to file your case within a particular period of time or you miss your chance to receive any compensation.
Examples
You are entitled to compensatory damages in tort injury depression if an injury caused by someone else results in your depression as in the following examples:
Intentional tort – If someone destroys a prized possession maliciously, for example a classic car that you have worked to restore for several years, and causes you a great deal of pain which results in depression that needs to be treated by a mental health professional you may receive compensation.
Negligent Tort – If a driver is busy eating a hamburger and plows their SUV into your compact car, damaging it beyond repair and causing you to lose your job, you may wind up depressed and need to receive treatment which can require the negligent driver to compensate you for the depression.
Strict liability – If a manufacturer does not see to it that their product meet safety standards and someone you love is seriously injured as a result, you may become depressed and need therapy; the cost of which could be the responsibility of the manufacturer but it usually takes considerably more evidence than your usual tort injury case to prove.
Compensatory Damages in Tort Injury Depression
If you believe that your depression is caused by tort injury and you have to seek treatment you must remember to have everything documented. It is the defendant’s responsibility to ensure that your treatment covers the damage they did and that you are compensated properly. You need to have your doctor give you copies of all treatment records and have your insurance company do the same.
This is especially important in cases where the injury resulted in a loss of time at work (thus payment for that work) or the loss of your job (resulting in a complete loss of income).
