Posted on Monday, April 15th, 2024 at 1:18 am
When you’ve been injured in an accident caused by someone else’s negligence, you may be entitled to compensation for more than just your physical injuries and financial losses. You may also be able to seek damages for the emotional distress you’ve experienced as a result of the accident. Emotional distress can have a significant impact on your life, affecting your ability to work, enjoy activities, and even maintain relationships with loved ones.
At London Harker Injury Law, our experienced Sandy personal injury attorneys and Provo personal injury attorneys understand the toll that emotional distress can take on accident victims. We’ve helped countless clients seek compensation for their emotional suffering and are here to help you, too.
What are Emotional Distress Damages?
Emotional distress damages are a type of non-economic damage that compensates accident victims for the psychological impact of their injuries. While economic damages cover tangible losses like medical bills and lost wages, emotional distress damages cover the intangible but genuine suffering that can result from an accident.
Examples of emotional distress can include:
- Anxiety and fear
- Depression
- Sleep disturbances
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
- Strained relationships with family and friends
Intentional infliction of emotional distress can cause significant damage to a person’s psyche. Emotional distress is highly personal and can vary significantly from person to person. What causes emotional distress for one person may not affect another similarly. That’s why working with an experienced personal injury attorney who can help you document and prove the extent of your emotional suffering is essential.
Proving Emotional Distress in Court
To seek compensation for emotional distress, you’ll need to prove that your emotional suffering is a direct result of the accident and the injuries you sustained. This can be more challenging than proving economic damages like medical bills, which come with clear documentation and evidence.
However, there are several ways to prove emotional distress in court:
- Medical records: If you’ve sought treatment for your emotional distress, such as therapy or medication, your medical records can provide valuable evidence of your pain and suffering.
- Expert testimony: Your attorney may work with mental health professionals and experts who can evaluate your emotional state and provide testimony about the extent of your distress.
- Personal testimony: Your testimony about how the accident has affected you emotionally can be robust evidence in court. You may also have family members or friends testify about the changes they’ve observed in your behavior and demeanor since the accident.
- Journal entries: Keeping a daily journal about your emotional state and how your injuries have affected your life can provide valuable documentation of your distress.
The more evidence you can provide of your emotional distress, the stronger your case will be long-term. Your attorney can help you gather and present this evidence to demonstrate the impact the accident has had on your life.
Emotional Distress Claims in Personal Injury Cases
Emotional distress and mental anguish damages can be a significant component of many types of personal injury cases, including:
- Car accidents
- Slip and fall accidents
- Medical malpractice
- Workplace accidents
- Dog bites
- Assault and battery
In some cases, emotional distress may be your primary damage. For example, suppose you witnessed a loved one’s death in a traumatic event. In that case, you may be able to seek compensation for the emotional trauma you’ve experienced, even if you weren’t physically injured yourself.
It’s important to note that emotional distress damages are not available in every personal injury case. Sometimes, the defendant’s conduct must be particularly egregious or intentional to warrant emotional distress damages. Your attorney can help you file a lawsuit and determine whether emotional distress damages are available in your specific case.
Guidelines for Emotional Distress Compensation
When seeking compensation for emotional distress, there are a few guidelines to keep in mind:
- The severity of your distress: The more severe and long-lasting your emotional distress, the higher the potential compensation. Minor or temporary distress may not warrant significant damages.
- The impact on your life: To seek emotional distress damages, you’ll need to show that your distress has significantly impacted your daily life, such as preventing you from working or engaging in activities you once enjoyed.
- The strength of your evidence: The more evidence you have of your emotional distress, the stronger your case will be. This is why it’s so important to document your distress through medical records, journal entries, and other means.
- The state’s laws: Each state has its laws governing emotional distress damages in personal injury cases. For example, Utah has no caps on economic damages but a cap on non-economic damages in medical malpractice cases at $450,000 (Utah Code § 78B-3-410). However, the state requires plaintiffs to meet certain severity thresholds to seek damages for emotional distress.
Your attorney can help you understand the specific guidelines and laws that apply to your case and work with you to build a strong claim for emotional distress damages.
Seek Help from Experienced Personal Injury Attorneys
If you’ve been injured in an accident in Utah and are experiencing emotional distress as a result, don’t hesitate to seek help from the experienced personal injury attorneys at London Harker Injury Law. We understand the significant impact that emotional distress can have on your life, and we’re here to help you seek the compensation you deserve.
When you work with our team, we’ll take the time to listen to your story and understand the full extent of your mental suffering, both physical and emotional. We’ll gather evidence to support your claim, including medical records, expert testimony, and your testimony. And we’ll fight tirelessly to help you obtain the maximum compensation possible for your losses.
Don’t try to face the complex process and sue for emotional distress damages alone. Contact us at 77CARCRASH today for a free consultation with our team of compassionate and knowledgeable personal injury lawyers. We’re here to help you every step of the way and ensure you receive the total and fair compensation you deserve for your emotional suffering.
