A claim for emotional distress is usually part of a “pain and suffer” component in a personal injury lawsuit. You can recover compensation for emotional damage if you are injured in an accident. This is in addition to the recovery of more obvious losses such as medical bills, lost income, etc. You can also recover damages for your physical injuries. You may be able, depending on your state’s law, to make a claim solely for emotional distress, even if there is no physical injury.
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What is emotional distress in personal injury law?
In many types of personal injury claims, emotional distress damages are a significant component of the recovery. This can be used to capture the impact that your injuries and medical treatment have on your everyday life. Personal injury law does not have a universal definition of emotional distress because it is subjective and varies depending on the person. Emotional distress can include:
- Nervous shock
- sleep loss
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- Humbling
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- Stress and
- fear.
The “Pain and Suffering of Injured Claimants” Often Includes Emotional Stress
In many cases of personal injury, emotional distress is part of ” Pain and Suffering.” It’s a category that’s called “noneconomic damages” because it’s difficult to quantify. (Unlike medical bills or lost income which are “economic damages”) Here are some examples of real-world emotional distress that could be experienced in the context a personal injury case:
- After a car crash, you may experience extreme anxiety when driving.
- After an attack, you may experience agoraphobia.
- Depression during long rehab after a slip-and-fall.
What is “Mental Pain” in a Personal Injuries Case?
The terms “emotional stress” and “mental distress” are interchangeable in the eyes of law. In many states the jury instructions include the term “mental suffering” in the definition of pain and suffering. All of these terms are incorporated into the concept of non-economic damages.
Emotional Distress can be included in a personal injury settlement
You may still be able negotiate with your insurance company a settlement for personal injury that will include compensation in addition to the cost of medical treatment and other losses. You’ll have to prove, just like you would any other type of injury-related harm.
How do you prove emotional distress in a personal injury case?
You are likely seeking medical attention if your injuries have prompted you to file a lawsuit for personal injury. Tell your doctor of any psychological symptoms that you have experienced since the accident. You may be referred to a mental healthcare professional by your doctor, such as:
- Licensed counselor or clinician
- Therapist
- Clinical social worker
- psychologist, or
- psychiatrist.
Your treatment records and invoices, as well as any records or bills related to your physical injuries, become part of the case. They can also be used to determine the value of your personal accident case. Keep a journal or diary where you can record your feelings in relation to the accident, your injuries and how your life has changed (both big and small). You’ll have to prove that you are suffering from emotional distress.
- This is ongoing
- Your life is affected on a daily basis, if not hourly.
- The physical injury you suffered as a result of the defendant’s actions is directly related.
Although people with psychological conditions that pre-existed are not barred from claiming emotional distress damages, it is helpful if you can prove that your emotional distress began after the accident.
Can I make an emotional distress claim without physical injuries?
The law of your state and the nature or the incident which led to the claim will determine the outcome. You can make a claim for emotional stress without claiming physical injury. This is usually one of two types of claims: either intentional or negligent infliction.
What is the intentional infliction of emotional distress?
In most injury cases, the defendant’s “negligence”, even if it is only a minor infraction, is sufficient to establish liability. A claim for IIED usually requires extreme or outrageous conduct from the defendant that is likely to cause mental distress or anguish. This type of lawsuit does not require actual physical harm, but it is common to have threats of physical injury as part of the scenario.
What is Negligent Infliction Of Emotional Stress?
Most states require that a claim for negligent infliction emotional distress include a physical injury.
- You may have been the victim of a traumatic incident (caused by defendant’s negligence) or
- The defendant’s negligence has also caused them to be in a legitimate state of fear for their safety.
State laws may differ when it comes to NIED. Be sure to know the specifics in your state. It doesn’t matter if emotional distress is part of a physical injury claim or if it forms the basis of a separate claim. Having an experienced lawyer by your side could make all the difference. Find out how a personal injuries lawyer can assist you, and tips for finding the best injury lawyer to represent your case.
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Contact Bonardi & Uzdavinis without delay to arrange a FREE consultation.
