Any accident can cause trauma to the victim. If the emotional damage is severe enough, you may be able to sue the liable party for emotional distress. However, in order to recover compensation, you will need to show that your level of distress was severe enough that nobody could be reasonably expected to handle the situation and move past it on their own.
Proving emotional distress can be challenging. Fortunately, an experienced personal injury attorney at Zanes Law will be able to help you collect the supporting evidence to recover compensation for emotional harm. Contact us today to schedule a free case review with a member of our legal team.
Proving You Suffered Emotional Distress
A lot of supporting evidence can be used to build the strength of your emotional distress claim. If your emotional distress is related to a physical injury, it will be much easier to prove. However, you can still collect compensation for emotional distress even if you suffered no physical harm.
One of the easiest ways to demonstrate that you suffered emotional distress is through testimony from a medical professional. Your therapist or general practitioner can testify that you have suffered from various mental and emotional harms after an accident.
Your emotional distress may manifest as depression, anxiety, panic attacks, fear, posttraumatic stress disorder (PTSD), or a variety of other conditions.
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Who Is Liable for Your Emotional Distress Damages?
Before you can recover emotional distress damages, you must first determine who caused your emotional distress. Identifying the at-fault party in an accident is often more complex than it may first appear. There are usually many parties that could potentially hold a level of fault, and you can expect them to all point fingers at one another.
Fortunately, an experienced lawyer will know exactly what to look for as they investigate your case.
How Much does a Personal Injury Attorney Charge for Their Services?
If you are considering hiring a lawyer to help you recover emotional distress damages after an accident, you will likely wonder how much it will cost you to do so. The good news is that personal injury lawyers tend to charge their clients differently from other types of attorneys. Our lawyers work on a contingency fee basis, which means we get paid for results.
You will not be charged a fee to retain the services of one of our personal injury attorneys. Nor will you be charged an hourly rate. Instead, you will be charged a single fee at the end of your case. This fee will be paid directly from the compensation recovered from the liable party and will be assessed as a fixed percentage of the money you receive.
Under this setup, your lawyer will earn a payday if they are able to recover significant compensation on your behalf. However, should they fail to get you money, they won’t be paid a single cent. Since emotional distress victims never pay their attorney out of their own pocket, all those who have suffered can afford to hire legal counsel, regardless of their means.
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Other Damages You Can Recover Along With Compensation for Emotional Distress
If you suffered emotional distress in an accident, it is likely only one of several types of damages you are eligible to pursue. These damages are divided among three main categories.
Economic damages cover all of the monetary losses suffered by an accident victim. The most frequently available economic damages include:
- Lost wages
- Diminished ability to earn income
- Medical costs
- Future medical bills
- Property damage
Emotional distress falls into this category, along with all other losses that do not have a direct monetary value. In addition to emotional distress, the other most frequently available non-economic damages include:
- Decreased quality of life
- Loss of consortium
- Mental anguish
- Permanent disability
- Pain and suffering
Punitive damages may also be available in your case. These damages are much different from economic and non-economic damages. While emotional distress and other damages in those categories are meant to compensate an accident victim for the losses they endured, punitive damages are used to punish the liable party for their role in the accident.
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Suing an Insurance Company for Emotional Distress Damages in a Bad Faith Lawsuit
In addition to pursuing compensation for emotional distress damages from the liable party after an accident, you may also be able to recover these damages if you are filing a bad faith lawsuit against an insurance company after a crash. If the liable party’s insurer acted in bad faith in denying you the compensation you deserved after an accident, you can sue them.
Insurers are required to pay out valid claims. However, these companies often do everything possible to minimize or deny a claim. Some of the actions an insurer takes with this aim are perfectly legal. At the same time, there are lines they are not allowed to cross.
If your claim was denied by an insurer acting in bad faith, the emotional impact of learning that you will not receive the money you need to cover the expenses you incurred as a result of your accident can be severe. An experienced attorney can help you sue the insurer for the money they owe and other damages like emotional distress.
Contact an Attorney to Help You Recover Emotional Distress Damages in Arizona
At Zanes Law Injury Lawyers, our team of experienced personal injury lawyers can help you recover compensation for emotional distress after an accident. Reach out to us today by phone or through our online contact form to learn more about your options with a free case consultation.