Personal Injury 101: Can You Claim Damages for Sleep Issues?

Lots of people all around the world experience issues with sleep at some points in their life, and for many different reasons. However, if those issues are caused by some kind of accident or injury resulting from an accident, there is a chance that you can get compensation for them if you file a claim for personal injury. It is all about proving the causation and validity of your sleep problems.

What to Know About Special and General Damages

In personal injury cases, two common forms of damages exist, which are non-economic or general damages, and economic or special damages. Basically, special damages can cover compensation for losses you paid for out-of-pocket, which typically include lost wages and medical treatment costs you incurred due to your injuries.

General damages, on the other hand, include emotional distress and pain, and suffering compensation that could be attributed to the injuries, accident, and medical expenses stemming from your injuries.

Depending on the specific circumstances surrounding your claim, the court might consider emotional as a component of pain and suffering damages, or as a standalone damages category. Either way, it includes negative psychological and mental effects of your injuries and accident that covers all forms of mental torment. Examples are sleep problems, fear, anxiety, and post-traumatic stress disorder (PTSD).

When Sleep Issues Are Deemed General Damages

Problems with sleep might be caused by various contributing factors and might indicate more severe health issues. Worrying over your injuries might cause issues with your sleep, leading to difficulty concentrating and fatigue.

Sometimes, however, they might indicate a more serious health problem, like PTSD, head injury, or even traumatic brain injury (TBI). In the event that your brain has indeed been injured due to the accident, there is a huge chance that your personality, sleep, concentration, focus, memory, and overall emotional health might be negatively affected.

How to Prove General Damages

injury lawyer taking notes from his patient's narrative

General damages are mostly hard to prove simply because it is very difficult to measure and assign a dollar amount to them. It is then extremely vital that you visit your doctor regularly and inform them about all your symptoms, including your psychological symptoms, even if you are not 100% sure that they’re due to your accident or brain injury.

Your doctor’s documentation and reports, in addition to your medical treatments, would really help your brain injury lawyer or personal injury attorney in making your claim stronger. It is also very crucial that you keep a journal that contains your emotional state and sleeping patterns as well as their impact on your daily functioning.

Additionally, since the emotional and psychological effects of an injury and accident are usually ongoing, you could end up with a substantial amount in damages. However, since sleep issues typically fall under pain and suffering and emotional distress, putting a dollar amount or persuading the other party of the ill effects of your sleep issues is not always easy. This is why the help of a reputable and experienced lawyer is vital.

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