When a person sustains a physical injury caused by another party's negligence or intentional misconduct, the effects frequently are far more profound than the apparent physical harm. Emotional distress, a significant component of many personal injury claims, can profoundly impact an individual's quality of life, relationships, and mental health. Determining fair compensation for emotional distress involves a nuanced process, demanding a deep grasp of personal injury law, an appreciation for the subjective nature of emotional suffering, and the ability to gather and present compelling evidence to substantiate the claim.

This blog discusses the factors that come into play when it comes to determining the rightful compensation for emotional damage caused by personal injury. Continue reading to learn more.

Understanding Emotional Distress in Personal Injury Cases

Emotional distress refers to the psychological impacts of a traumatic event. Unlike physical injuries, emotional suffering is intangible, making it challenging to quantify. However, courts recognize emotional distress damages as a legitimate form of compensable damage in personal injury lawsuits.

Emotional distress can arise from both negligent infliction and intentional infliction of harm. For example, a car accident caused by a negligent driver may lead to not only physical pain but also severe anxiety or depression. Similarly, intentional actions, such as harassment or outrageous conduct, can cause significant emotional trauma.

With a personal injury attorney, victims will have an expert guide to help them navigate and comply with the legal system when processing their emotional distress claim. Together, they need to prepare thorough and convincing evidence to build a strong case.

Types of Damages in Emotional Distress Claims

In personal injury cases, damages are typically divided into two categories: economic and non-economic. Economic damages address measurable financial losses, including expenses for medical treatment and income lost due to the injury. In contrast, non-economic damages provide compensation for intangible harms, such as emotional suffering, mental anguish, and a reduced ability to enjoy life.

Emotional distress falls under non-economic damages, which are inherently subjective. Unlike medical bills or repair costs, emotional suffering varies from person to person, making it difficult to assign a monetary value. Courts gather expert testimony from mental health professionals, medical records, and personal accounts to assess the extent of emotional harm.

Proving Emotional Distress in Court

To succeed in an emotional distress lawsuit, the injured party must provide substantial evidence demonstrating the causal link between the traumatic event and their psychological symptoms. This may include:

Medical documentation: Records from therapists, psychiatrists, or other medical professionals detailing the emotional injury and its impact on daily life.

Witness testimony: Accounts from family members, friends, or coworkers who can attest to changes in the victim's behavior or mental state.

Expert testimony: Mental health experts can provide objective evidence of the psychological trauma and its connection to the incident.

Personal accounts: Detailed documentation of the victim's emotional suffering, such as journals or sleep tracker records, can help illustrate the profound impact of the distress.

For claims of malicious intent upon infliction of emotional distress, the defendant's actions must be proven to be extreme and outrageous, such as driving haphazardly. The said actions must also go beyond what a reasonable person would consider acceptable behavior.

Factors Influencing Compensation Amounts

The compensation awarded for emotional distress varies widely depending on the severity of the psychological harm and the evidence presented. Some factors that influence damage awards include:

The severity of the emotional injury: Conditions like PTSD, acute stress disorder, or severe anxiety typically result in higher compensation.

Impact on quality of life: If the emotional distress has led to a loss of enjoyment of life, strained relationships with family, or an inability to perform daily activities, the compensation may increase.

Duration of suffering: Long-term psychological impacts often warrant higher awards than short-term emotional issues.

Physical symptoms: Emotional distress that manifests as physical symptoms, such as panic attacks or loss of appetite, can strengthen the claim.

Punitive damages: If there's intentional harm or outrageous conduct, courts may award punitive damages to punish the offending party and dissuade similar behavior.

Ultimately, the compensation awarded for emotional distress aims to provide financial relief that reflects the profound impact of the psychological harm. This compensation can be instrumental in helping victims regain a sense of normalcy and move forward with an improved quality of life.

Conclusion

Emotional distress claims are not just about monetary damages; they're about acknowledging the profound impact of psychological trauma and helping victims rebuild their lives. With the help of a skilled personal injury attorney and comprehensive evidence, victims can seek fair compensation for their intangible losses. If you or a loved one has experienced emotional distress due to someone else's negligent or intentional actions, consulting a personal injury lawyer can dramatically improve your chances of securing the justice and compensation you deserve.