Accidents can change lives. If you were hurt in an accident, you might be experiencing far more than just physical pain.
Emotional distress is real, and it impacts your life in a number of ways. You might have anxiety, depression, and perhaps fear following an accident.
But are you able to sue for emotional distress in a personal injury claim? Certainly, but you need to prove certain things.
What Does Emotional Distress Actually Mean?
Emotional distress is the mental suffering you experience following an accident. It might involve fear, anxiety, PTSD, etc. Some individuals might find it difficult to sleep and develop depressive symptoms. If emotional distress interferes with your daily life, you can sue for compensation. Talk to a personal injury attorney to understand your legal rights and find out the steps involved in the process.
How Do You Prove Emotional Distress?
Emotional distress can be hard to prove. Unlike physical injuries, emotional pain isn’t visible. However, you can show that you suffer through:
- Medical Records: If you see a physician, psychologist, or therapist, your records may attest to your emotional distress.
- Testimonies: Your loved ones, coworkers, or friends can explain how your behavior changed following the accident.
- Personal Diary: Writing down your emotions and struggles can prove your emotional distress.
- Expert Opinions: Mental health specialists can testify concerning your mental health and daily life.
Can You Seek Compensation for Emotional Distress?
You can seek compensation for emotional distress. In a personal injury case, you might be given compensation for medical costs, lost wages, pain, and suffering. Emotional distress is included in “pain and suffering,” meaning the court considers both your emotional and physical discomfort when deciding compensation.
The amount of compensation for emotional distress will always differ on a case-to-case basis. Courts will consider how serious your emotional distress is and how it has affected your way of life. With strong proof, you might receive a larger settlement. Your attorney can estimate how much you may get.
When Can You Sue for Emotional Distress?
You are able to sue for emotional distress in many personal injury claims, such as:
- Vehicle Accidents: If someone caused the accident and you feel emotionally damaged, you are able to sue for damages.
- Medical Malpractice: If a doctor’s mistake caused you emotional pain, you might have a case.
- Workplace Accidents: If your workplace injury caused emotional distress, you might be able to seek compensation.
- Assault or Abuse: If you experienced physical or psychological abuse, you are able to sue for emotional distress.
Final Thoughts
Emotional distress can change your life. If you’re suffering mentally due to an accident, you have the right to compensation.
It might not be easy to prove emotional distress, but with the proper legal assistance, you can receive the justice you deserve. If you feel you have a case, get in touch with a personal injury lawyer now. They possess the expertise and experience to prove the impact of emotional distress on your life.
