No matter the circumstances behind your personal injury lawsuit, you may able to pursue compensation for the emotional distress you have experienced. Whether you were the victim in a motorcycle accident which resulted from negligent driving or faulty equipment was to blame for your auto accident, there are often consequences to your emotional well-being.
Fear, anxiety, humiliation, depression and lack of sleep are all considered forms of emotional distress. Unfortunately, proving emotional distress can be a little more difficult than proving physical injury since manifestations vary from person to person. There are not cold, hard facts such as x-rays or medical bills to share. Still, emotional distress damages are not impossible to obtain and there are steps you can take to properly document your emotional distress and further aid your lawyers in winning your case. But first, let us talk more about emotional distress damages.
Understanding Emotional Distress Damages
Because of more recent changes in the laws concerning personal injury lawsuits, victims in a personal injury or wrongful death case can seek non-economic damages related to the psychological trauma they have experienced. In many cases, monetary compensation, called emotional distress damages, are awarded to the plaintiff because their injury or the death of a loved one has drastically affected their emotional well-being. Emotional distress damages can be pursued in either of the following circumstances:
● If physical injury or emotional distress, or both, occurred as a result of negligent actions; and
● If physical injury or emotional distress, or both, is experienced as the result of intentional actions to cause harm.
Now that we understand the basics of emotional distress and trauma that victims of personal injury or unlawful death experiences, we will talk about proper documentation in the second part of this blog post. Stay tuned next week for the Part 2!