Emotional Distress in Personal Injury Claims: How It’s Evaluated
Holly Berry is a writer for Legal Akomplice, a Legal Marketing Technology Agency.
When someone experiences a personal injury due to a car accident or other negligence, the physical damage is often the most visible and readily evaluated aspect of their claim. However, emotional distress, which can be just as impactful as physical injuries, is a factor in many attorney personal injury cases. Emotional distress refers to the psychological effects someone suffers after an incident, and it is important to understand how it’s evaluated in the context of personal injury claims.
Defining Emotional Distress
“Emotional distress is different for everyone. But no matter what your symptoms may be, long term distress can affect your daily life, from sleep disruption to causing other health issues over time,” says Healthline. Emotional distress encompasses a range of mental and emotional conditions that may arise after an accident. This can include anxiety, depression, post-traumatic stress disorder (PTSD), and general emotional suffering, such as fear or anger. Car crash attorneys and law firms dealing with personal injury claims recognize that emotional distress is often a direct consequence of severe accidents, particularly those involving traumatic incidents.
For emotional distress to be included in a personal injury claim, the plaintiff must demonstrate that the mental suffering stems from the accident. Proving this in court can be complex, as emotional harm is less visible than physical injuries.
How Emotional Distress Is Evaluated
Evaluating emotional distress requires both subjective and objective factors. From a subjective standpoint, the plaintiff may testify about how the incident has affected their daily life, sleep, relationships, and overall mental well-being. Objective evidence often comes in the form of medical records, therapy sessions, and psychological evaluations, which detail the extent of the mental suffering.
In some cases, emotional distress may also involve “pain and suffering” compensation. This category includes both the emotional anguish the individual experiences and the diminished quality of life resulting from the injury. An experienced lawyer auto accident injury will often collaborate with medical professionals and mental health experts to present a thorough analysis of the distress endured by the victim.
The Role of Expert Testimonies
Medical records alone are not enough to quantify emotional distress; expert testimonies from psychologists or psychiatrists are often essential. These professionals can provide a more detailed account of the mental suffering endured. They assess the individual’s mental state both before and after the incident, helping to highlight how the accident has contributed to the emotional issues.
Attorneys use these expert testimonies to provide a clearer picture of the long-term psychological impact. When a victim has been diagnosed with PTSD or another psychological condition, this adds weight to the claim, especially when presented by a well-qualified law firm car accident. These legal professionals can help ensure that the emotional aspect of the injury is given the necessary attention in settlement negotiations or in court.
The Influence of State Laws
The laws surrounding emotional distress claims can vary significantly from state to state. Some states require physical injuries to accompany emotional distress claims, while others allow emotional damages to stand on their own in specific cases, such as witnessing a traumatic event. It’s vital to consult with an experienced attorney personal injury in Fresno who understands the intricacies of the local laws and can tailor the case accordingly.
Moreover, the legal thresholds for proving emotional distress differ, depending on where the case is being tried. In some states, emotional distress is easier to claim if the plaintiff has experienced a severe accident. The severity of the incident can play a large role in how the distress is evaluated, and insurance companies may be more willing to settle if the emotional harm is evident and supported by medical documentation.
Emotional Distress Damages in Settlements
Settlements in personal injury cases often include compensation for emotional distress. When an accident victim suffers significant emotional harm, insurance companies and defense attorneys must weigh the long-term costs associated with this distress. The process of calculating these damages can vary, as they are less concrete than physical injuries. Typically, personal injury legal teams will factor in the duration of the emotional distress, the intensity of the emotional harm, and how it has impacted the victim’s life.
Attorneys will often negotiate emotional distress damages as part of a broader settlement package. Since emotional distress doesn’t have a standard formula for compensation, it is important to have a skilled personal injury lawyer negotiating on the plaintiff’s behalf. By working with an experienced lawyer, victims have a better chance of securing compensation that truly reflects the emotional harm they’ve suffered.
Proving Emotional Distress
To strengthen an emotional distress claim, plaintiffs should seek professional mental health care immediately following the incident. The more documented evidence they have regarding their emotional state, the stronger their case will be. Moreover, it is helpful to maintain a personal journal detailing how emotional distress affects day-to-day activities, sleep patterns, and relationships. An expert will use this personal account, along with professional evaluations, to build a compelling case.
Emotional distress is an often overlooked but critical element of personal injury claims. Victims suffering from emotional harm deserve compensation for their pain, just as they would for any physical injury. Whether dealing with anxiety, PTSD, or depression, having a qualified attorney personal injury can make a difference in how the emotional aspect of a case is handled. Working with a car crash attorney like Super Woman Super Lawyer and her reputable law firm makes sure that emotional distress claims are thoroughly evaluated and presented, leading to more comprehensive settlements or judgments.
