When a personal injury occurs, it’s easy to focus on the physical side of the injury. But one area that is often overlooked is the emotional distress caused by the injury and the pain and suffering the injured party feels while going through the healing, and legal, process. There may be concerns over whether functionality will be regained or how to get through everyday life or pay bills while recovering.
Fortunately, the injured party can often receive compensation for emotional distress brought about by the injury. The amount of compensation for emotional distress varies based on the type of injury and legal jurisdiction of the lawsuit
Signs of Emotional Distress
So what are considered to be the indicators of emotional distress? They can include insomnia or poor sleep, anxiety and fear, depression, humiliation or depression. Because emotional distress is a subjective state, it varies from person to person. It can also include stress indicators such as headaches, ulcers, high blood pressure and related symptoms. If someone has symptoms of emotional distress following an accident, they should record and note what is causing the distress.
The best way to document emotional distress symptoms and the impact they have on your life is to tell the doctors that are treating the injuries sustained in the incident. A journal that documents the emotional toll the accident has caused is also helpful and should include how the injured party’s life has been impacted by the accident. The more evidence available, the stronger the claim will be for compensation.
Emotional Distress Can Lead to Compensation
The severity of the distress and the impact it has on the injured party’s recovery often determines the final compensation. If the distress is impacting the injured party’s life and recovery, that must be recorded by a mental health professional, along with the severity of the impact. Documentation is needed to show ongoing distress, how it relates to the injury and how it impacts daily life.
One area of note is intentional infliction of distress. Though this is less common, there are instances where the other party’s negligence is considered intentional in causing distress and injury. As an example, road rage, where a driver is intentionally trying to harm another person, is often considered intentional infliction of emotional distress, leading to symptoms such as post-traumatic stress disorder. Though there are often caps on non-economic damages in most states, they can be impacted by the exact situation of the case.
Do You Have a Case?
Emotional distress is a real occurrence that can have serious psychological ramifications. It can include phobias such as fear of driving or even lead to depression. You deserve to have representation and help through this process. Contact Ginnis Krathen today to sit down with a personal injury lawyer who understands the stress you’re going through. We have been through countless personal injury cases and can help you walk through this difficult time.