If you are wondering whether personal injury claims encompass emotional distress, the answer is yes. Emotional distress is a common component of personal injury cases, and individuals who have experienced such trauma deserve to seek legal recourse and compensation for their suffering. It is important to acknowledge the impact that emotional distress can have on one’s overall well-being and quality of life.
If you have been through a situation that has caused you emotional harm alongside physical injuries, consider reaching out to a knowledgeable personal injury attorney who can help guide you through the legal process and fight for your rights. Contact an attorney near you to discuss your case and seek the justice you deserve.
What Is Emotional Distress in a Personal Injury Case?
Emotional distress, also known as mental anguish, refers to the psychological impact of an injury or traumatic event. In addition to your physical injuries, you may be living with the aftereffects of the accident for some time into the future. The effects can result from the trauma of the accident itself or its immediate aftermath.
In personal injury cases, emotional distress can manifest in various ways, such as anxiety, depression, fear, and post-traumatic stress disorder (PTSD). It is important to understand that emotional distress can be just as debilitating as physical injuries and may require professional treatment to overcome.
You Need a Physical Injury to Claim Emotional Distress
In the legal realm, claiming emotional distress typically requires proof of a physical injury. This injury does not have to be severe, and it can even be slight. Any type of injury can be accompanied by an emotional distress claim. Nonetheless, emotional distress is usually not its own independent personal injury.
However, there are instances where emotional distress can be claimed even in the absence of a physical injury, such as in cases of intentional infliction of emotional distress or in situations where the victim was in imminent danger of physical harm. In the latter case, you would typically need to be with a loved one who has suffered some type of grievous physical injury or death.
How the “Zone of Danger” Works in a Claim for Emotional Distress
The “zone of danger” doctrine is a legal concept that allows individuals who were in immediate risk of physical harm to claim emotional distress damages even if they did not sustain a physical injury. This doctrine is based on the premise that witnessing a traumatic event or being in a situation where one feared for their life can result in severe emotional distress. If you were in the “zone of danger” during an incident that caused you emotional harm, you may be entitled to seek compensation for your suffering.
Emotional Distress Is Part of Your Non-Economic Damages
In a personal injury case, damages can be categorized into economic and non-economic losses. Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are subjective and do not have a specific dollar value attached to them. However, these damages are a large component of your overall compensation and reflect the intangible impact of the injury on your well-being. In cases where you have suffered a serious injury, your non-economic damages can be even greater than the financial losses that you have suffered.
Your Personal Injury Lawyer Could Estimate the Value of Your Emotional Distress Losses
Calculating the value of emotional distress in a personal injury case can be complex, as it involves assessing the severity of the emotional harm, the impact on your daily life, and the long-term implications for your mental health. One of the main challenges is that emotional distress is highly subjective, and it is based on what you are reporting as your own symptoms. The difficulty is translating your own experience into dollars and cents in the face of a skeptical insurance company.
An experienced personal injury attorney can help estimate the value of your emotional distress losses by considering factors such as the nature of the incident, the extent of your emotional symptoms, and any documented treatment you have received for your mental health. They may even work with an expert witness with a background in mental health if your emotional distress is severe.
Seek Mental Health Treatment to Document Your Emotional Distress Claim
If you are experiencing emotional distress as a result of a personal injury, it is vital to seek mental health treatment to document your condition and establish a record of your emotional suffering. Your medical records and treatment history can serve as valuable evidence in your personal injury claim and support your request for compensation for emotional distress. Without these records, your claim will rely solely on what you are claiming, and the insurance company is simply not going to accept it.
Additionally, prioritizing your mental well-being through therapy or counseling can aid in your recovery process and demonstrate to the court the impact of the emotional trauma you have endured.
Your personal injury attorney will rely on your treatment notes that were created by the mental health professional as the basis of their calculation of the emotional distress damages. You can expect a significant amount of pushback from the insurance company, as emotional distress claims rely on you reporting your own symptoms. The insurance company has a financial motivation to challenge your claims because it means that they can pay you less money.
A Personal Injury Attorney is Standing By
If the insurance company either refuses to pay you for emotional distress damages or they try to understate the severity of your condition, your personal injury lawyer can take action on your behalf. They can either try to negotiate for you to receive more compensation in a settlement agreement, or they can take your case to court and let a jury decide how much you deserve.
You should always hire a personal injury lawyer for your case. The need is even more pronounced when you have a high amount of intangible injuries, such as pain and suffering, and emotional distress.