When most people think of personal injury claims, they often focus on physical injuries like broken bones or medical expenses. However, accidents and injuries can also leave emotional scars that are just as damaging as physical ones. Emotional distress is a type of damage that you may be entitled to recover in a personal injury case. Here’s what you need to know about emotional distress and how it is addressed in these claims.
What Is Emotional Distress?
Emotional distress refers to the mental and emotional suffering caused by an accident or injury. This can include anxiety, depression, fear, humiliation, sleep disturbances, post-traumatic stress disorder (PTSD), and other psychological effects. For example, someone injured in a car accident might develop a fear of driving or experience ongoing panic attacks.
How Emotional Distress Fits Into a Personal Injury Case
Emotional distress is considered a non-economic damage, meaning it does not have a clear monetary value like medical bills or lost wages. However, it is an important part of your overall claim because it reflects the mental toll the accident has taken on your life. Courts and insurance companies recognize that the psychological impact of an injury can significantly reduce your quality of life.
Proving Emotional Distress
To recover compensation for emotional distress, you will need to provide evidence that your mental health has been affected as a direct result of the accident. Common forms of evidence include:
- Medical Records: Documentation from therapists, psychologists, or other mental health professionals showing your symptoms and treatment.
- Testimony: Statements from doctors, family members, or coworkers who can confirm the changes in your mental health or behavior.
- Personal Documentation: Keeping a journal about your emotional struggles, such as difficulty sleeping, feelings of fear, or inability to enjoy daily activities, can help demonstrate the impact.
Factors That Impact Emotional Distress Claims
The severity of your emotional distress and its impact on your daily life will influence how much compensation you may recover. Courts and insurance companies may consider factors such as:
- The nature of the accident or injury.
- How long the emotional distress has lasted and whether it is likely to persist.
- Whether the distress has impacted your ability to work or maintain relationships.
Why Legal Representation Matters
Emotional distress claims can be difficult to prove because they are subjective in nature. Unlike physical injuries, there is no x-ray or lab test that can directly show emotional pain. This is why working with an experienced personal injury attorney is critical. A lawyer can help gather the necessary evidence, work with mental health experts, and ensure your emotional suffering is factored into your settlement or court award.
This post was written by a professional at Kevin L. Sullivan II. Attorney Kevin L. Sullivan II is your personal injury attorney Sun City Center FL, and the best personal injury attorney near you for LeavenLaw. Kevin is proud to serve Florida accident victims that have been injured in auto accidents, motorcycle accident, slip and falls or have suffered any other type of injury caused by negligence. Kevin offers a FREE no-obligation consultation to discuss your claim. There are NO upfront fees or costs and if he does not collect for you, you do not owe him anything.