Emotional distress can be significant in a personal injury case. Find out how emotional suffering can affect compensation claims.
If you have had an accident and file a personal injury claim, you can get compensated for your injuries. Personal injury compensations cover losses related to your accident (medical expenses, lost wages) and emotional distress.
Emotional distress is a part of many compensation claims. What constitutes emotional suffering depends on the nature and severity of the injuries. Plaintiffs who do not file a suit for their injuries may still negotiate compensation with an insurer that includes emotional distress compensation.
What Constitutes Emotional Damages?
Any event that has hurt you psychologically can make up emotional damages. The extent of the impact can be seen from the way it affects your daily activities. Emotional distress can manifest in various ways – fear, anxiety, depression, humiliation, and sleep loss can all be effects of emotional distress.
The subjective nature of emotional damage means that its manifestations vary among individuals. In addition, a distressing situation to one person may not be distressing to the next. Thus, no single definition can capture the entire scope of emotional damages. It would be best to record any form of psychological issues you have or are experiencing following an accident. You may be due for some compensation.
Documenting Emotional Damages
If you are filing a personal injury case, chances are that you are seeking or already getting medical treatment. Explain to your physician that you are also experiencing emotional distress as a result of the accident. The contents of your physician’s records can make for a compelling lawsuit.
Also, you should keep a journal of your daily activities, and how they have been negatively impacted by your accident. Gathering copious amounts of evidence can help to strengthen your case and increase your chance of getting compensation.
How Does the Severity of Emotional Distress Affect a Case?
Almost every accident comes with some sort of emotional impact. However, the degree of emotional damages affects your chances of getting compensated in a lawsuit. This is why you have to document your feelings, preferably through your physician.
You may have to prove your emotional suffering results from the accident you have and is ongoing. Having a pre-existing emotional issue may not necessarily prevent you from claiming compensation. However, it’s easier to get compensation if you can prove that your condition was triggered by the incident.
Intentional Infliction of Emotional Distress
“Intentional infliction of emotional distress” (IIED) is a different kind of lawsuit filed in personal injury cases. Plaintiffs file this suit to prove gross negligence or show that the accused intended to inflict physical and emotional damage.
Emotional Distress Compensation Caps?
Some US states place a cap on how much a plaintiff can get from an emotional distress case and other non-economic losses, especially in the case of medical malpractice. The type of case, the severity of the injury, and the legal stipulations of a particular jurisdiction are the factors that affect how much you can be awarded as compensation.
In some places, emotional damage claims are often treated with some level of cynicism. However, the reality is that most physical injuries often have psychological implications; panic attacks following an assault, depression after a medical accident, or fear of driving following a car crash. These are often genuine claims and entitle you to personal injury compensation.
Have you suffered emotional damages following an accident? Then you’ll be needing the services of a personal injury lawyer. Valiant Advocates connect you to experienced attorneys in your area. Our network covers multiple US states and will instantly connect you to an attorney ready to take up your case. Call us toll-free today: (800) 900-6668.