Maritime injury claims can involve pain and suffering

by | Jul 27, 2021 | Maritime Law |

One area where Louisiana law a maritime law are similar is when it comes to non-economic damages. Also known as pain and suffering or emotional distress, non-economic damages can be the basis of an injury claim that does not involve physical injury. It is also separate from economic damages like loss of income due to bodily injury, the cost of medical bills and payment for property damage. Nevertheless, it often is part of a claim.

What qualifies as non-economic damages?

Psychological or emotional distress caused by negligence comes in many forms:

  • Substantial distress
  • Grief
  • Depression
  • Insomnia
  • Anxiety
  • And other symptoms

The physical injury or impact rule

There must also be a physical impact to the body caused by the psychological injury to justify the damages. The definition is a little vague, but some common examples would include symptoms of psychological trauma like recurring cases of insomnia, dizziness, or nausea. It could also be trauma-induced fidgeting, twitching or other physical manifestations caused by the negligent party.

These are serious injuries

Just as combat veterans, law enforcement and first responders can suffer post-traumatic stress disorder (PTSD), those working in hazardous areas on the water, on a ship or in a shipyard can also experience this debilitating kind of trauma, even if the negligent actions that caused the damage was a near miss instead of a catastrophic incident. These events could have a psychological impact that victims will never fully recover from.

Due to the complex nature of these injuries and maritime law’s specific rules, it is often best for victims who suffer these types of injuries to discuss the matter with an attorney who has experience handling these types of matters. They can help justify the claim and maximize the compensation.