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Personal injury is not always a physical injury, says father

West Virginia residents know that there are many kinds of pain. Physical pain and emotional pain can both affect a victim for a lifetime. Now, one father is taking legal action against an amusement park because his son suffered mental and emotional personal injury on the premises.

The father has filed a civil suit against a popular amusement park because, he attests, employees did not perform a thorough safety check as his son boarded a roller coaster. As the roller coaster, which accelerates quickly, began to move, his son panicked because his safety harness was not fastened. The boy, fearing for his life, was forced to jump off the moving coaster at the last second. This event was traumatic for both father and son.

The park wants a court to dismiss the case because the boy did not suffer a physical injury. They admit that the coaster started moving before the boy was safely strapped in, but they say that since he was able to jump off before serious injury or death occurred, he was not hurt by the event. The boy’s father is refusing to back down, contesting that personal injury can be argued without the existence of physical injuries.

Personal injury victims facing similar circumstances may feel confused and frustrated. If another party caused a serious mental or emotional injury to a victim, a West Virginia court may still find that party liable and hand down a verdict that includes compensation for a victim’s suffering. An attorney can help a victim explain to the court how the actions of another party caused considerable suffering for a victim. A lawyer can also work towards a resolution that helps a victim recover from not only physical injury but mental and emotional injury as well.

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