Can Emotional Distress Be Part of a Personal Injury Claim?

Emotional distress can be a part of a personal injury claim. Physical injuries, property damage, and financial loss are the most obvious losses caused by an accident. However, the emotional and psychological impact of an accident or injury can be just as significant, if not more so.

Emotional distress can be part of your personal injury claim, though it can be hard to prove. Here’s how you can claim it and how working with a Phoenix personal injury lawyer will give you the best chance of success.

What is Emotional Distress?

Emotional distress is a broad term that encompasses the mental anguish, suffering, and negative emotions experienced by someone as a result of a traumatic event or injury. This can include:

• Anxiety and fear
  
• Depression and hopelessness
  
• Post-traumatic stress disorder (PTSD)
• Insomnia and nightmares
  
• Anger and irritability
  
• Humiliation and embarrassment

Emotional distress can manifest in physical symptoms such as headaches, fatigue, digestive issues, and changes in appetite. It can impact every aspect of your life and reduce your ability to enjoy it.

For a free legal consultation, call 866-499-8989

When Can Emotional Distress Be Included in a Personal Injury Claim?

Emotional distress can be included in a personal injury claim when it is a direct result of the accident or injury caused by the defendant’s negligence. Some common scenarios where emotional distress damages may be awarded include:

• Car accidents that cause severe injuries or fatalities
  
• Slip and fall accidents that lead to chronic pain or disability
  
• Dog bites or animal attacks that cause disfigurement or trauma
• Sexual assault or abuse cases

To be eligible for emotional distress damages, you must typically show that your is more than just the normal emotional reactions to an injury. You must demonstrate that your distress is significant, long-lasting, and has a measurable impact on your life.

Proving Emotional Distress in a Personal Injury Claim

Proving emotional distress can be more challenging than proving physical injuries, as there may not be objective evidence like medical bills or X-rays. However, there are several ways that emotional distress can be documented and supported in a personal injury claim:

• Medical records: If you sought treatment for their emotional distress, such as therapy or medication, this can provide strong evidence of the severity and duration of your symptoms.
  
• Expert testimony: A mental health professional, such as a psychiatrist or psychologist, can provide expert testimony on your diagnosis, treatment, and prognosis.
  
• Witness statements: Family members, friends, and coworkers can testify how your emotional state has changed since the accident or injury.
  
• Journal or diary: Keeping a record of daily symptoms, struggles, and emotions can help illustrate the ongoing impact of the distress.
  
• Changes in behavior: Evidence of changes in your behavior, such as missing work, withdrawing from social activities, or struggling with daily tasks, can demonstrate the extent of your distress.

An experienced personal injury attorney like the team at Zanes Law can help gather and present this evidence in a compelling way to support your claim for emotional distress damages.

Click to contact our personal injury lawyers today

Calculating Emotional Distress Damages

Calculating emotional distress damages can be complex, as there is no set formula or standard amount. Factors that may be considered in determining the value of an emotional distress claim include:

• Severity and duration of the distress
  
• Impact on daily life and functioning
  
• Need for ongoing treatment or therapy
  
• Presence of related physical symptoms
  
• Egregiousness of the defendant’s conduct
  
• Your vulnerability or pre-existing conditions

In some cases, emotional distress damages may be calculated as a multiplier of your economic damages. For example, if you have $50,000 in economic damages and a multiplier of 3 is used, your emotional distress damages would be $150,000.

The value of an emotional distress claim will depend on the specific facts and circumstances involved. An experienced personal injury attorney can help evaluate the strength of a claim and negotiate with insurance companies to seek a fair settlement.

Complete a Free Case Evaluation form now

Challenges in Emotional Distress Claims

While emotional distress can be a legitimate part of a personal injury claim, there are some challenges and limitations to be aware of:

• Proving causation: You must show that their emotional distress is a direct result of the defendant’s actions and not due to other factors or pre-existing conditions.
  
• Stigma and skepticism: There can be a stigma attached to mental health issues, and some insurance companies or juries may be skeptical of emotional distress claims.
  
• Statute of limitations: The time limit for filing a personal injury claim, including emotional distress damages, varies by state and type of case, so it’s important to act promptly.

Despite these challenges, your emotional suffering is valid and deserving of compensation. Don’t let the insurance companies bully you into thinking only your physical injuries count for compensation.

Conclusion

Emotional distress is a very real and significant consequence of many personal injury cases. It can impact every aspect of a person’s life and well-being, and it deserves recognition and compensation.

If you or a loved one has suffered emotional distress due to someone else’s negligence or wrongdoing, it’s important to seek the guidance of a qualified personal injury attorney. Speak to one by contacting Zanes Law for a free consultation.

Call or text 866-499-8989 or complete a
Free Case Evaluation form

Personal Injury Blog Posts:

Injury Lawyer Doug Zanes Interviewed For “Business Leader Spotlight”

Doug was recently interviewed by Randy Van Ittersum on the "Business Leader Spotlight Show." It was a great experience and gave him the opportunity to share important topics that are super

Need Personal Injury Legal Advice? Listen to Our NEW Podcast by Doug Zanes!

We are excited to announce that we have officially launched the Zanes Law Personal Injury Legal Tips podcast, featuring advice from Zanes Law owner and responsible attorney Doug Zanes. When

Should you hire an injury attorney? 5 Things You Need to Know

We know that when you’ve been injured in an accident, it can be difficult to take legal action quickly. After an accident, you might just want everything to be over and done with, so you

Can I Settle An Injury Claim On My Own?

Nobody expects to be in an accident—let alone get injured in an accident—but when it does happen, you may be asking yourself a lot of questions, including, “Can I settle an injury claim on my