Emotional distress can play a large part in a personal injury case depending on the jurisdiction in which the case is filed and the nature of the individual’s injury.
According to AllLaw: “Emotional distress damages in a personal injury case are monetary damages designed to compensate you for the psychological impact your injury has had on your daily life.”
A variety of issues fall under the category of emotional distress. Some of these include:
- Anxiety
- Sleep loss
- Fear
- Depression
- Other emotional factors that can occur after a personal injury
Emotional distress is very subjective, varying from person to person. If you’ve experienced distress due to a personal injury, we recommend you keep a diary of how you’re feeling and what you’re experiencing in order to provide evidence should you require damages.
It’s difficult to prove that emotional distress occurred due to an accident and that you weren’t experiencing the symptoms before the accident. First, you’ll need to show that the distress is ongoing, was a direct result of the accident caused by the defendant, and affects your daily quality of life.
Some people choose to file a separate injury case, claiming that the emotional distress was intentional. This happens often in road rage cases. The distressed must prove that the defendant was grossly negligent and deliberately attempted to cause severe emotional distress through their actions.
Some states have caps or limits on how much a person can collect to cover emotional distress. The damages allotted depend on the situation, the extent of the injury and how well you can prove your case.
We invite you to visit our Personal Injury Library to learn more about personal injury cases.