Charles Flaxman is a personal injury lawyer from Hollywood, Florida. In his 37 years of experience serving the Hollywood area in personal injury cases, Flaxman has seen the entire gamut of case types: From the banal and ordinary to the truly bizarre, he has handled nearly every form and category of case. Though personal injury generally refers to a physical injury, some forms of injury can be mental as well. Below, Flaxman helps us understand the legal ramifications of mental anguish and whether or not one can sue for psychological or mental hardships.
I always tell clients that the first step in combating mental anguish is recognizing that a problem exists. Too often in the workplace the employee/employer relationship is misused. Often, the abused employee assumes that this is the norm and that his or her boss has the right to such behavior. This is a grossly untrue misconception and no one should stand for abuse in the workplace. Having said that, the first step is to acknowledge that you are being mistreated. The second step is to seek a qualified personal injury attorney you can trust. Some indicators that you are suffering from the affects of emotional abuse include:
- Loss of normal social skills and inability to function in ordinary social situations.
- Diminished status in the workplace, feeling lesser and incapable.
- Normal actions and responsibilities seem overly difficult whereas they were easily accomplished previous
Bear in mind that an emotional injury can cost you your job. While you may have good reason for slipping behind at work, your colleagues may not know that abuse has occurred. It is therefore extremely important that pursue your case immediately to allow for less damage to be done to your career.
The short answer to whether or not you can sue depends on what kind of case you prove in court. Any qualified personal injury lawyer who deals with anguish and mental stress-related cases should advise you to begin amassing evidence that abuse exists. Though the affects of mental abuse are not easily perceived, your chances of compiling a case are greatly improved by documenting situational evidence of actions where you felt abused. You should record times, dates, names, abusive actions and any other information that might prove relevant in a courtroom.
Emotional and mental abuse isn’t restricted to the workplace. In my experiences, emotional abuse at home can be even more dangerous, as it is often the precursor to physical abuse. Whenever someone comes to my office to seek counsel for domestic emotional abuse, I always urge to take measures at once. Too often the verbal and mental bullying of a spouse degrades quickly into violence and I want to help stop this problem before it starts.
Whereas in a workplace situation an attorney is the first person you should call, in a domestic situation you should contact the authorities or an outreach center before doing anything else. Only after your safety is assured should you call an attorney and explore legal recourse. Some indicators that emotional abuse is present can include:
- You are publicly humiliated by the abuser
- You are made to feel worthless or inferior
- You are forced to perform acts you find distasteful against your will
- Contact with your friends and family is restricted by your abuser
- Feelings of guilt, though you’ve done nothing wrong
- Anxiousness and fear in your own home
Many lawyers specialize in domestic abuse specifically and can help you protect your rights. As with workplace-related injury cases, you need to be able to prove that abuse is present.
Personal injury includes a vast and complex array of case types. These laws exist to protect a person and provide recourse in the event of abuse. Since laws vary from state to state, it can be difficult to interpret the law, especially in cases of mental and emotional abuse. A qualified personal injury lawyer can assess your case and advise you as to the best course of action. If there is a settlement or a chance of compensation, your attorney will help point you in the right direction. Remember though, emotional abuse is abuse. If you find yourself in a situation like any of the above mentioned, determine your rights by calling a qualified personal injury soon. It could make all the difference.
