Protecting Your Rights: Emotional Distress in Injury Law
Emotional distress is not just all in your head when it comes to injury law.
Many people believe that if an injury is not visible, it is not relevant in a courtroom. They could not be more wrong. Emotional distress is becoming one of the most important components of personal injury law — and it can make or break your case.
Here’s the problem:
The vast majority of accident victims only focus on their physical injuries and completely disregard the psychological damage. Huge mistake. Recent data has found a growing recognition of psychological injuries in the courtroom, with an increasing number of claims specifically addressing emotional distress and mental health ramifications as a result of an accident.
This guide is going to show you exactly how emotional distress works in injury law, and how you can protect your rights.
What you’ll learn:
- What Is Emotional Distress in Personal Injury Law?
- Why Emotional Distress Claims Are Becoming More Important
- How to Prove Emotional Distress in Your Case
- What Your Emotional Distress Claim Could Be Worth
- Different Types of Emotional Distress Claims
- Common Mistakes That Hurt Your Emotional Distress Claim
- Working with the Right Attorney Makes All the Difference
- Wrapping It Up
What Is Emotional Distress in Personal Injury Law?
Emotional distress in personal injury law refers to the psychological and emotional suffering you experience as a result of an accident.
This is not just feeling a little down or upset for a few days. These include serious psychological injuries that can include:
- Anxiety and panic attacks
- Depression
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
- Sleep disorders and insomnia
The law recognizes that these are just as real an injury as a broken bone or torn muscle, and that they deserve compensation.
Do you know what the best part about emotional distress claims is?
You don’t always need to have a physical injury to recover damages. In some cases, you can win compensation for emotional distress alone if the circumstances are egregious enough.
However…
Proving emotional distress is much more challenging than proving a physical injury. You can’t just whip out an X-ray of your anxiety and show it to a judge. That’s why it’s so important to understand exactly how these types of claims work.
Why Emotional Distress Claims Are Becoming More Important
The legal world is finally catching up with what doctors have known for years – psychological injuries can be just as bad, if not worse, than physical ones.
Here’s an example: A car accident may heal your broken ribs in six weeks, but the psychological trauma and anxiety from that accident could impact you for years to come. Which injury really caused the most harm to your life?
Better understanding of mental health has meant that the courts are starting to take these claims more seriously. Statistics show there is a need for better appreciation of psychological injuries with 39.5 million personal injury cases per year in the United States alone that require medical treatment to help victims heal from traumatic experiences.
Plus, if you work with devoted personal injury lawyers, they will have the resources and know-how to build a strong case that takes into account both your physical and emotional injuries.
The result is higher settlements and better outcomes for injured victims.
How to Prove Emotional Distress in Your Case
Proving emotional distress takes a strategic approach and strong evidence.
Unlike a broken bone that can be seen on an X-ray, emotional injuries require documentation through other means. Here’s exactly how to build a winning case:
Medical documentation is king.
The best evidence for emotional distress comes from the medical professionals treating you. This includes:
- Records from therapists and psychologists
- Psychiatric evaluations and diagnoses
- Treatment notes and therapy sessions
- Prescribed medications for anxiety or depression
If you haven’t already seen a mental health professional, do so right away. The longer you wait, the harder it is to connect your emotional problems to the accident.
Keep a daily journal.
Write down how the accident is impacting your daily life. Include notes on sleep problems, activities you can no longer enjoy, panic attacks, and changes in your relationships. This creates a detailed record that shows the real-world impact on your life.
Gather witness testimony.
Family members, friends, and coworkers can provide testimony about changes in your behavior and personality since the accident. Their observations can provide powerful evidence to support your claim.
What Your Emotional Distress Claim Could Be Worth
Settlement amounts for emotional distress can vary wildly depending on the specifics of your situation.
Here’s the truth: Emotional distress settlements can range from the thousands of dollars to millions of dollars depending on the severity and duration of your psychological injuries.
Several factors go into determining the value of your claim:
Severity of your emotional injuries
Minor anxiety that resolves within a few months won’t get you the same settlement as severe PTSD that requires years of treatment. The more severe and long-lasting your emotional injuries are, the higher the potential settlement.
Impact on your daily life
Are you still able to work? Maintain relationships? Enjoy hobbies? The more areas of your life that are impacted, the more valuable your claim becomes.
Quality of your evidence
Strong medical documentation and expert testimony can dramatically increase your settlement. Weak or nonexistent evidence will lead to lower compensation.
Different Types of Emotional Distress Claims
Emotional distress claims can fall into different categories. Understanding the types can help you build a stronger case.
Intentional infliction of emotional distress (IIED)
This occurs when someone intentionally causes you severe emotional trauma through outrageous conduct. Examples can include workplace harassment, intentional assault, or extreme and outrageous behavior that is designed to cause psychological harm.
Negligent infliction of emotional distress (NIED)
This occurs when someone’s careless actions cause you emotional trauma, even if they did not intend to hurt you. Some common examples include car accidents caused by distracted driving or medical malpractice that results in additional trauma.
The main difference? IIED requires proof that the defendant intended to cause emotional harm, while NIED only requires proof of negligence.
Common Mistakes That Hurt Your Emotional Distress Claim
Don’t make these costly errors that can destroy your case:
Waiting too long to seek treatment
The longer you go before seeing a mental health professional, the more difficult it is to prove that your emotional injuries were caused by the accident. Get help immediately.
Not following through with your treatment plan
If a doctor recommends therapy or medication, follow their instructions. Insurance companies love to argue that you are not really injured if you are not getting treatment.
Posting on social media
Social media posts can be used against you in court. Pictures of you smiling or appearing happy can undermine your emotional distress claim.
Trying to represent yourself
Emotional distress claims are complex and require specialized knowledge. Trying to represent yourself is almost always a mistake.
Working with the Right Attorney Makes All the Difference
Emotional distress cases require a lawyer who understands both the legal and psychological components of your claim.
The right attorney will connect you with qualified mental health professionals, gather all necessary medical documentation, work with experts to strengthen your case, and fight for maximum compensation.
Remember: Insurance companies don’t want to pay for emotional distress. They will use every trick in the book to minimize or deny your claim. Having an experienced lawyer levels the playing field.
Wrapping It Up
Emotional distress is a real and compensable injury that deserves proper legal recognition and compensation. With growing recognition of psychological injuries in the legal world, these types of claims are becoming increasingly important for achieving full justice after an accident.
Don’t let anyone tell you that your emotional suffering doesn’t matter. It does — and the law agrees.
The key to success is treating your emotional injuries with the same seriousness as your physical ones. Get proper medical treatment, document everything, and work with an experienced attorney who understands the complexities of emotional distress claims.
Your mental health matters just as much as your physical health. Make sure your legal case reflects that reality.