Can You File a Personal Injury Claim for Emotional Distress?

When you hear about personal injury claims, you probably envision physical injuries such as broken bones or whiplash. Personal injury law, though, encompasses more than just physical injuries—it can encompass emotional distress stemming from an accident or wrongful action. Many are curious if they can sue for emotional distress as a personal injury claim. The quick answer is yes, but there are a few important things to know about how emotional distress claims function in the context of personal injury law with an experienced personal injury lawyer in Brentwood.

What is Emotional Distress?

Emotional distress, sometimes called “mental anguish” or “pain and suffering,” is the psychological effect that a traumatic experience, injury, or accident can cause you. It can be a variety of feelings, like anxiety, depression, fear, grief, insomnia, or post-traumatic stress disorder (PTSD). These psychological and emotional effects could be as incapacitating as body injuries and could affect your quality of life, relationships, and daily activities.

Types of Claims for Emotional Distress

Under personal injury law, claims of emotional distress usually fall into one of two categories:

• Direct Emotional Distress: This is where an individual becomes psychologically injured through a traumatic occurrence. For instance, a driver who is in an automobile accident might experience emotional distress from being in the accident itself—anxiety, depression, or post-traumatic stress disorder.
• Bystander Emotional Distress: This claim is filed by those present when an accident or traumatic event occurs, resulting in injury to another individual. For example, if someone sees a loved one injured or killed in an accident, they might suffer emotional distress and qualify to file a claim.

Can You File a Claim for Emotional Distress?

Yes, you can claim for personal injury and emotional distress, but specific criteria need to be fulfilled. Emotional pain caused by an accident or injury does not necessarily entitle an individual to claim money. These are the following:

1: Proof of Emotional Distress

The hardest part of claiming emotional distress is establishing that it happened and was a direct result of the defendant’s actions. Emotional distress is harder to quantify and prove compared to physical injuries. Some evidence that can be used to support your claim includes:

• Medical Records: Records from mental health practitioners, like therapists or psychologists, indicating that you received treatment for emotional distress following the accident.
• Testimony: Your testimony and other people’s testimony who can attest to changes in your behavior or emotional state following the incident.
• Journals or Diaries: A journal recording your emotional struggles, symptoms, or alterations in your daily routine can be helpful to evidence.
• Witness Statements: If other people saw how the accident or injury affected you emotionally, their statements may be supportive.

2. Connection to the Accident

You also need to show that your emotional distress directly relates to the incident. You cannot recover damages if you were emotionally distressed but cannot connect it with the defendant’s conduct. For instance, if a road accident results in serious injuries, but you were already experiencing depression or anxiety before the accident, showing that the incident caused your emotional distress will be a challenge.

3. Severity of Emotional Distress

The severity of your emotional distress also plays a role in determining whether you are eligible for compensation. Courts will typically examine how much your emotional distress has impacted your life. Mild feelings of anxiety or sadness might not be sufficient to warrant compensation, but more severe symptoms such as panic attacks, long-term depression, or PTSD can be grounds for a claim.

4. Intentional or Reckless Behavior

In most instances, emotional distress claims stem from situations where the defendant’s actions were either intentional or negligent. For instance, if an individual intentionally inflicts emotional injury through harassment, defamation, or assault, they can be held liable for both physical and emotional damages. Likewise, if one’s negligence results in harm (e.g., a car accident resulting from reckless driving), emotional distress can be a legitimate part of the claim.

5. State Laws and Restrictions

Emotional distress claim laws may differ by state where you reside. Some states have laws requiring specific evidence of emotional distress, while others restrict the kind of claims one can make. Most states also place statutes of limitations on personal injury claims, such as emotional distress. It’s worth seeking a personal injury lawyer at LA Law Group to know your state’s law and make certain you file your claim promptly.

How Is Emotional Distress Compensated?

Should you prevail in proving your emotional distress claim, damages may include:

• Economic Damages: Payment for lost wages if emotional distress affected your work capacity, medical expenses for therapy or counseling, and other out-of-pocket costs due to your distress.
• Non-Economic Damages: Payment for pain and suffering endured due to emotional distress. These damages are less objective and will significantly differ depending on the extent of your emotional symptoms.
• Punitive Damages: Where there is intentional or grossly negligent behavior, the court can award punitive damages to punish the defendant and deter future similar behavior.