What Is Emotional Distress in Personal Injury Law?
Emotional distress refers to the psychological harm or suffering caused by an accident or injury due to another party’s negligence or intentional actions. In personal injury cases, victims can seek compensation for emotional distress as part of non-economic damages, which address the intangible impact of the incident on the victim’s mental well-being.
Symptoms of Emotional Distress
- Anxiety or Depression: Feelings of fear, sadness, or hopelessness resulting from the trauma.
- Post-Traumatic Stress Disorder (PTSD): Flashbacks, nightmares, or difficulty coping after a severe accident.
- Insomnia: Trouble sleeping due to stress or trauma.
- Irritability or Mood Swings: Emotional instability affecting relationships and daily life.
Importance of Emotional Distress in Personal Injury Cases
- Non-Economic Compensation: Victims may receive damages for emotional suffering alongside financial losses like medical bills.
- Impact on Quality of Life: Emotional distress can significantly affect a victim’s ability to work, maintain relationships, or enjoy activities.
- Proving Emotional Distress: Evidence such as medical records, therapy notes, or testimony from mental health professionals can strengthen the claim.
Victims experiencing emotional distress after an accident should seek professional help and document their symptoms. An experienced personal injury attorney can help include emotional distress in the claim, ensuring fair compensation for the psychological toll of the injury.
