When people think of personal injury cases, they often picture physical injuries like broken bones or whiplash. However, the emotional and psychological impact of an accident can be just as debilitating. Emotional distress is a legitimate and compensable form of damage in personal injury claims, but proving it can be complex. That’s where a skilled personal injury attorney comes in.
What Is Emotional Distress in a Personal Injury Case?
Emotional distress refers to the mental and emotional suffering caused by an accident or injury. This can include:
• Anxiety or panic attacks
• Depression
• Post-Traumatic Stress Disorder (PTSD)
• Insomnia or sleep disturbances
• Loss of enjoyment in life
• Emotional instability or mood swings
Unlike physical injuries, emotional distress doesn’t leave visible scars, making it harder to quantify. However, the impact can be profound, affecting your relationships, career, and daily life.
When Can You Claim Emotional Distress?
Emotional distress can be claimed in various situations, including:
1. Severe Physical Injuries: Emotional trauma often accompanies serious injuries that lead to significant pain, long recovery periods, or permanent disabilities.
2. Witnessing a Traumatic Event: If you were present during a traumatic accident, you may experience lasting emotional harm, even if you weren’t physically injured.
3. Intentional Infliction of Emotional Distress: If someone’s malicious or reckless behavior caused you severe emotional suffering, you may have grounds for a claim.
How an Attorney Can Help You Prove Emotional Distress
Because emotional distress isn’t as tangible as physical injuries, it requires more effort to prove. A personal injury attorney can help by:
1. Gathering Evidence
Your attorney will help you compile evidence to demonstrate the emotional impact of the incident. This might include:
• Medical Records: Documentation from therapists, psychologists, or psychiatrists.
• Journals: Notes detailing your emotional struggles and how your life has been affected.
• Witness Testimony: Statements from family, friends, or coworkers who can attest to changes in your behavior or emotional state.
2. Hiring Experts
Attorneys often work with mental health professionals to provide expert testimony about the severity of your emotional distress and its impact on your life.
3. Negotiating with Insurance Companies
Insurance companies often downplay or dismiss claims of emotional distress. An experienced attorney knows how to counter these tactics, ensuring your emotional suffering is taken seriously during negotiations.
4. Determining the Value of Your Claim
Quantifying emotional distress can be challenging. Your attorney will consider factors such as the severity of your emotional suffering, its impact on your life, and the duration of your distress to calculate fair compensation.
Types of Compensation for Emotional Distress
In personal injury cases, emotional distress is considered a form of non-economic damage. This means it doesn’t have a set monetary value but is instead calculated based on the overall impact on your life. Compensation may include:
• Costs of therapy or counseling
• Lost wages due to emotional impairment
• Pain and suffering damages
• Loss of enjoyment of life
Why You Need a Personal Injury Attorney
While it’s possible to handle a personal injury claim on your own, cases involving emotional distress are particularly complex. A personal injury attorney brings expertise, resources, and advocacy to your case, ensuring that you receive the compensation you deserve for your suffering.
Let Us Help You Seek Justice
If you’ve experienced emotional distress due to an accident or injury, don’t face it alone. At Mory & Colliersmith, PLLC, we understand the profound impact emotional suffering can have on your life. We’ll fight to ensure your pain is recognized and compensated.
Contact us today for a free consultation at (502) 212-4333 or visit our website at morycolliersmith.com. Let us help you start the healing process with the justice you deserve.