Visitor Question

Claim for pain and mental anguish not due to physical injury?

Submitted By: A (USA)

I am a victim of the mortgage foreclosure scandal. I endured more than a year of constant abuse; e.g. misleading, inconsistent, and lost correspondence, written and verbal abuse, extensive delays, etc. They foreclosed, again alleging noncompliance with their directive to send in paperwork. My eviction is imminent.

I’m now depressed, suicidal, have insomnia and constant headaches, chest pains and shortness of breath. I recently attempted action on a suicidal plan and underwent an inpatient hospitalization. I’m now under psychiatric care.

My question, in a nutshell, is this: Must every claim for pain, suffering, and emotional anguish be the result of a physical injury from accident or error? Can psychiatric conditions and symptoms be compensated? How would I go about pursuing this? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear A,

Psychiatric injuries are as real and disabling as physical injuries. Thousands of people each year become disabled by psychiatric and psychological difficulties. Many of those seek compensation from the state or federal government. This, in and of itself, legitimizes the reality of psychological damage.

Compensation for psychiatric or psychological problems is just as actionable as compensation for physical injuries. You have as much of a right to seek compensation from the corporations(s) for your injuries, as does any other person who might have been injured by a doctor’s medical malpractice.

Financial institutions can be just as destructive to a person’s health as an incompetent doctor. Unfortunately, financial institutions are better able to “insulate” themselves – clearly a euphemism for hiding from their responsibilities to those they hurt.

Corporations have many layers between them and the persons they may hurt. “Passing the buck” is standard operating procedure.

You won’t be able to pursue your claim on your own. To have the basis of a medical (psychiatric-psychological) claim, you will need supporting medical evidence. This begins with seeking medical care. You will need at least one medical opinion from a competent psychiatric or psychologist.

In most cases, the opinion of a psychiatrist will have a more positive effect on your claim than that of a psychologist.

If you are able to secure medical opinions supporting your claim, your next step will be to seek the advice and counsel of an experienced attorney. Don’t give up. Your claim may be stronger than you think.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 21, 2014

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