When people think of personal injury claims, they often focus on physical injuries like broken bones or whiplash. However, emotional distress can be just as debilitating and deserving of compensation. Navigating the complexities of emotional distress claims in personal injury cases requires understanding what constitutes emotional distress, the evidence needed to support such claims, and the legal avenues available.
Understanding Emotional Distress
Emotional distress refers to mental suffering or anguish induced by an incident, often an accident, that was caused by someone else’s negligence. It can manifest as anxiety, depression, insomnia, or other psychological impacts that significantly affect one’s quality of life.
Types of Emotional Distress
There are generally two types of emotional distress in personal injury cases:
- Negligent Infliction of Emotional Distress (NIED): This occurs when the defendant’s negligent actions cause emotional harm. For example, witnessing a loved one being injured in a car accident can result in NIED.
- Intentional Infliction of Emotional Distress (IIED): This occurs when the defendant’s intentional or reckless actions cause severe emotional trauma. An example could be bullying or harassment leading to emotional distress.
Proving Emotional Distress
Proving emotional distress in a court of law can be challenging. Here are key elements that must be demonstrated:
- Causation: There must be a clear link between the defendant’s actions and the emotional distress experienced by the plaintiff.
- Severity: The emotional distress must be significant enough to impact the plaintiff’s daily life. This can be evidenced through medical records, therapy sessions, and expert testimony.
- Physical Manifestations: Although not always necessary, physical symptoms such as headaches, stomach problems, or other stress-induced ailments can strengthen the case.
Evidence to Support Claims
Gathering comprehensive evidence is crucial for a successful emotional distress claim. Important types of evidence include:
- Medical Records: Documentation from psychologists, psychiatrists, or primary care physicians that detail the emotional and physical symptoms experienced.
- Therapy Notes: Notes from counseling sessions that reflect the emotional trauma and progress of the plaintiff.
- Expert Testimony: Statements from mental health professionals that explain the impact of the incident on the plaintiff’s mental health.
- Personal Journals: Daily records kept by the plaintiff detailing their emotional state, struggles, and how the incident has affected their life.
- Witness Statements: Testimony from friends, family, or colleagues who have observed the changes in the plaintiff’s behavior and emotional state.
Legal Support and Compensation
The process of claiming emotional distress is complex and requires a thorough understanding of personal injury law. Compensation for emotional distress can cover medical expenses, therapy costs, lost wages due to an inability to work, and pain and suffering.
Conclusion
Emotional distress is a serious and often overlooked aspect of personal injury cases. If you or a loved one has suffered emotional trauma due to someone else’s negligence or intentional actions, it’s important to seek legal guidance.
At Cooper Schall & Levy, P.C. our experienced attorneys understand the intricacies of emotional distress claims. We are committed to helping you navigate the legal process to ensure you receive the compensation you deserve. Contact us today for a free consultation and let us support you through this challenging time.
