Damages For Which You Aren’t Entitled To Receive Personal Injury Compensation

Damages For Which You Aren’t Entitled To Receive Personal Injury Compensation

Unfortunately, under personal injury law injured people are not entitled to be compensated for everything. There are a few damages for which a person does not have a personal injury claim and there is no compensation in any way.

Mental Anguish

Actually, the mental anguish may or may not be compensated. It depends on whether or not a person is treated medically for mental anguish. A person may suffer some form of mental anguish such as sleeplessness from a personal injury, but if the mental anguish is not diagnosed and treated by a doctor, then it is as if the mental anguish did not occur at all. In other words, for the mental anguish to be compensated, there must be a medical proof that the mental anguish was suffered. A person merely asserting that he or she suffered the mental anguish is not an enough argument.

Time Going To A Doctor

While the cost of driving to a doctor or hospital is compensated on a per mile basis, the time that a person spends at the doctor’s office or hospital is not compensated unless the person takes time off from his or her work. For example, if you drive 10 miles to your doctor’s office and spend 2 hours at the medical facility, you can be compensated for 20 miles i.e. 10 miles to and from, but you will not be compensated for the 2 hours you spent at the clinic unless you took time off from your work. In case you did take time off from your work, then it will be counted as the loss income and you are entitled to be compensated.

Free Medical Treatment

In order to be compensated for a medical treatment, there must be a bill or charge for the treatment. For example, you are injured and you need someone to ‘sit’ with you. If you have a paid ‘sitter’, then you can be compensated for the costs of the ‘sitter’. However, if you have a family member ‘sit’ with you and there is not a charge for ‘sitting’, then you will not be compensated for the ‘sitting’ for the reason that there is not bill or charge to compensate. This is why it is recommended to hire a personal injury lawyer to understand all the ins and outs of during and after the case.


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