How often personal injury cases based on severe mental distress that manifest in physical symptoms are won? what are my chances?

Asked over 3 years ago - Los Angeles, CA

i.e.: severe weight loss, anemia, thyroid problems, hormonal problems, depression (all documented)
i would have to prove that defendant's actions triggered mental and physical changes
Histories ( Dates listed in descending order)

08/01/2011 RESPONSE FILED

06/10/2011 SUMMONS FILED.

06/10/2011 FEE WAIVER FILED

06/02/2011 A/C - COMPLAINT FILED

05/31/2011 CMR CLERK'S CERT OF SERVICE MAILED TO RESPECTIVE PARTIES/COUNSEL

05/27/2011 COMPLAINT FILED

05/27/2011 NON-APP CASE MGMT REVIEW SCHEDULED FOR 11/14/11, IN DEPT 77

05/27/2011 A/C - FEE WAIVER

05/27/2011 FEE WAIVER FILED

Attorney answers (3)

  1. Joseph Jonathan Brophy

    Contributor Level 20

    Answered . In a personal injury case, you have to prove liability, causation and damages. You've only described the psychological damages.There are certainly cases involving psychological damages that are quite convincing, but juries are understandably hard to convince about such for any number of reasons. Given such a general and incomplete question, here is a very general answer. It is easiest to prove up physical damages that are obvious and can be seen, like a broken bone. It is harder to prove up physical damages that can't be seen, like soft tissue back injuries, which may show up on a radiological study. It is even harder to prove up psychological damages that can't be seen.Only their consequences can be seen, and it's easy to argue that such problems are pre-exisiting or exaggerated or temporary or some combination of all those. Presumably there are some physical damages, too. If there are psychological changes following a very serious incident like an explosion, it's easier to persuade the jury that they are real than if the changes follow, say, a slip on ice or a low impact auto crash. Good luck with your case. I hope you have an excellent lawyer.

  2. Christine C McCall

    Pro

    Contributor Level 20

    Answered . I write only to add to Mr. Brophy's excellent answer, particularly in his admonition that you need a skilled lawyer. Insurance companies who typically call the defense shots in personal injury actions are very skeptical and hard-lined in cases involving claims of psychological damage. They tend to see these cases as potential windfalls for opportunistic plaintiffs who want to attribute all of their problems to the alleged cause. They tend to fight these cases very aggressively without even the usual minimal constraints of considerations of cost-effectiveness and business practicalities. You really really need an good lawyer.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Without knowing the specific facts, impoosible to say. With a good local Avvo lawyer in your city, you should have a good shot.

    Click on name or picture to see profile page.

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