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12/23/24   |   By

Emotional Distress Damages in a Personal Injury Case

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Emotional Distress Damages in a Personal Injury Case ExplainedAn accident or other traumatic event resulting in physical injuries can also result in emotional struggles. Victims filing personal injury claims or lawsuits should know they can account for emotional distress when seeking compensation.

Understanding the role emotional distress plays in your case is key to receiving a fair settlement. At Regan Zambri Long, our team is prepared to help you fight for what you deserve. Contact us today for a free consultation to learn about the potential emotional distress damages available in your case.

The Importance of Emotional Distress in Personal Injury Cases

Emotional distress damages can be a key component of personal injury claims. They ensure that victims receive compensation for all relevant struggles resulting from another party’s actions or negligence, including struggles that might not have an obvious dollar value.

Emotional distress can have various long-term impacts that sometimes rival the difficulties resulting from physical injuries after an accident. Examples include:

  • Cognition problems
  • Anxiety, which could interfere with a victim’s life by preventing them from enjoying or engaging in various activities
  • Mood disorders
  • Memory issues
  • Flashbacks
  • Mental health conditions like post-traumatic stress disorder (PTSD)

An insurance company or defendant is unlikely to explain to a victim that they have a right to compensation for significant emotional harm. Contact our team to review your case and learn more about compensation available for emotional suffering.

Common Causes of Emotional Distress in Personal Injury

emotional distress damages in a personal injury case Various types of incidents may lead to emotional distress. The following are just a few common causes of emotional suffering in a personal injury case:

  • Loss of loved ones
  • Witnessing loved ones being injured but being unable to intervene or otherwise assist
  • Motor vehicle accidents, which can cause victims to experience anxiety around driving
  • Physical injuries rendering victims unable to participate in activities they once enjoyed, care for themselves or their loved ones, etc.
  • A physical injury that causes pain so significant it results in mental anguish or emotional suffering

Those aren’t the only potential causes of emotional distress. If you’re not sure whether emotional distress damages are available when filing a personal injury claim, contact an experienced personal injury attorney with our firm to learn more about your rights.

Formulating Emotional Distress Claims

Physical injuries aren’t the only potential consequences of an accident. When victims experience mental anguish or emotional suffering in response to accidents or similar experiences, personal injury law may define said struggles as “emotional distress.”

It’s important to differentiate between negligent infliction of emotional distress and intentional infliction of emotional distress when building a case. Negligent infliction occurs when emotional distress arises as a result of someone’s careless actions or inaction. Intentional infliction of emotional distress occurs when someone deliberately behaves or acts in a way meant to provoke a negative emotional or mental reaction in a victim.

Don’t worry if you’re not sure whether your case qualifies as negligent or intentional infliction of emotional distress. Contact our team at Regan Zambri Long to discuss the matter in greater detail during a free initial consultation.

Proving Emotional Distress in a Personal Injury Case

Proving emotional distress in a personal injury case can be more challenging than proving other damages. For example, you can provide copies of medical bills when seeking compensation for the cost of treatment.

Documentation of emotional suffering may include bills for the services of mental health professionals. However, such evidence doesn’t always illustrate the total “cost” of emotional distress. Other forms of evidence that may help when seeking emotional distress damages include:

  • Journals, video diaries, or other personal logs
  • Testimony from friends, family members, coworkers, etc.
  • Any evidence indicating emotional suffering has interfered with day-to-day life, such as work logs showing you’ve missed work because of emotional or mental anguish

You don’t have to gather this evidence alone. Enlist the help of our personal injury law firm, and our team will gather valuable evidence on your behalf.

Calculating Emotional Distress Damages

Emotional distress damages don’t always have apparent dollar values. Although factors like the cost of mental health treatment can influence how much emotional distress compensation a victim may receive, the cost of therapy doesn’t always paint a complete picture. Other factors that can influence calculations of emotional distress damages include:

  • The overall severity of emotional distress
  • The way emotional distress affects a victim’s day-to-day life
  • The duration of emotional distress

Knowing how much your emotional distress is “worth” can be challenging if you lack personal injury law experience. Ensure you pursue all damages available by working with our personal injury team to sue for emotional distress.

Long-Term Effects of Emotional Distress

Severe emotional distress can affect a victim’s life in many ways. For example, it can cause cognition problems. These can interfere with a victim’s ability to do their job or perform other tasks they could have performed.

Someone struggling with mental anguish or emotional distress after a traumatic event may also require therapy or other mental health services. The cost of these services can add up.

In some cases, long-term emotional distress can be severely debilitating. For instance, someone struggling with anxiety after a motor vehicle accident may now be too frightened to drive, limiting their mobility.

You need to account for such long-term impacts of emotional distress when filing a claim or personal injury lawsuit. At Regan Zambri Long, our team will thoroughly consider how emotional distress can affect you when negotiating a settlement or representing you in court. Contact us today to learn more.

Why You Should Partner with the Personal Injury Attorneys at Regan Zambri Long

DC personal injury lawyer Victor E. LongAn experienced personal injury attorney can help in numerous ways when seeking compensation for emotional distress. Examples include:

  • Reviewing your case to determine if emotional distress damages are available
  • Gathering evidence of emotional distress
  • Calculating the potential value of emotional distress damages

When you’re suffering from emotional distress, you need experienced legal representation you can trust. At Regan Zambri Long, we have consistently secured substantial settlements for our clients in emotional distress and personal injury cases, with total recoveries in the millions of dollars. Our success comes from our thorough approach – we carefully document and pursue compensation for every aspect of your suffering, from medical bills to long-term psychological impact. We can effectively advocate against insurance companies and responsible parties to get you the compensation you deserve.

Contact us today for a free consultation to discuss your emotional distress lawsuit. We’ll explain your legal options and show you how our proven experience can work for you.

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