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How do You Claim Emotional Distress in a Personal Injury Lawsuit?

by | Jul 29, 2023 | Personal Injury

When you think of an accident or a dog bite, what strikes your mind first? Obviously, it would be a physical injury and the pain related to that. Am I right? But there is another side of the coin which is often overlooked. That is the psychological injury or emotional distress associated with the injury.

In this blog, we will be getting deep into the details of an emotional distress lawsuit. Before that, let us first understand what emotional distress is all about.

The trauma of a personal injury may cause changes in the emotional state of the victim, which is referred to as emotional distress in the court of law. Is emotional distress a personal injury as per the law? Yes. Emotional distress is also a personal injury, and the claimant is eligible to receive compensation.

The emotional distress resulting from a personal injury is often more devastating than the physical injury. Emotional distress cases arise from mishaps causing distress or injury like car accidents, pedestrian accidents, bicycle accidents, workplace accidents, animal attacks, defective product incidents, etc. As psychological damages are not measurable or visible like physical damages, it is not considered important in some lawsuits.

An experienced medical record review team can easiliy identify the vital evidence of emotional distress from the medical records.

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Victims of a personal injury respond to trauma in different ways. The severity of the accident, the physical condition of the victim, and the impact on the brain are the common factors determining the psychological damages in a victim. In children and older individuals, susceptibility to emotional distress is associated with incidents like road accidents, animal attacks, etc.

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Emotional Distress – Symptoms

Symptoms of emotional distress may vary from one individual to the other. Two individuals involved in a personal injury incident need not present the same degree of emotional response to the trauma. The following are the commonly observed symptoms of emotional distress associated with a traumatic injury.

  • Insomnia
  • Nightmares
  • Anxiety disorders
  • Loss of appetite
  • Repeated flashbacks
  • Depression
  • Suicidal thoughts
  • Panic attacks
  • Anger and mood swings
  • Self-isolation
  • Physical and mental fatigue
  • Emotional detachment

Emotional Distress – Damages

Post-traumatic stress disorder, chronic pain, traumatic brain injury, Anxiety disorders, specific phobias, and depression are the commonly observed psychological injuries associated with personal injury.

1. Post-Traumatic Stress Disorder (PTSD):

It is an extreme mental condition triggered by experiencing a terrifying incident like an accident or injury. Studies indicate that some areas in the human brain, like the amygdala, hippocampus, and ventromedial prefrontal cortex, are all involved in the onset of PTSD symptoms.

The amygdala stores the sight, sound, and smell associated with the traumatic event. When one or more of these stimuli are encountered, the amygdala gives a dangerous signal to prepare the body. The hippocampus involuntarily retrieves the traumatic memory on receiving the triggering stimulus. In PTSD, the prefrontal cortex is involved in symptoms like social withdrawal and emotional numbing.

The symptoms associated with PTSD may start within one month of the traumatic event or even years after the accident. Intrusive memories of the accident, avoiding the memories related to the injury, negative thoughts, and changes in physical as well as emotional reactions are the most common symptoms of Post-Traumatic Stress Disorder.

2. Chronic Pain:

Chronic pain is characterized as persistent pain that lasts longer than the body’s normal healing process allows. Individuals suffering from PTSD are at higher risk of developing chronic pain. Studies indicate that anxiety and trauma cause more tension and constriction in the muscle. In most cases, chronic pain is also accompanied by feelings of loss of hope, depression, and anxiety.

3. Traumatic Brain Injury:

A traumatic brain injury (TBI) occurs when there is a violent blow to the head or body, causing damage to the brain. The brain crashes back and forth inside the skull after an injury, causing swelling, bleeding, and nerve fiber breaking.

The injury that occurs at the moment of impact is called primary injury, which may involve either a specific lobe of the brain or the entire brain. The brain experiences a delayed trauma after the initial impact – it swells, pressing itself against the skull and limiting the flow of oxygen-rich blood. This is referred to as secondary injury, and it is often more severe than the primary injury.

The symptoms of a traumatic brain injury may be exhibited immediately after the traumatic event or even weeks later. Long-term psychological injuries from concussions include mood swings, difficulty recalling events, and exhaustion. Traumatic brain injury may be mild, moderate, or severe, depending upon the severity of the personal injury.

4. Acute Anxiety Disorder:

Acute anxiety disorders may include

  • Phobias – Different types of fears associated with the accident like driving phobias, fear of dogs, fear of height, etc.
  • Panic attacks – The feeling of sudden, intense fear for no special reason.
  • Social anxiety disorder- Uncontrollable self-consciousness and stress in social situations.
  • Agoraphobia – Certain situations or places make you feel trapped or helpless.
  • Separation anxiety – Insecure feeling when some close to you leaves your sight.

5. Depression:

Depression is another type of psychological damage that may have existed before an accident or may be aggravated because of the accident. It is exacerbated by a combination of family mental health history or a traumatic incident.

Can You Sue Someone for Emotional Distress?

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Like a personal injury, the psychological damage can also be entitled to compensation. But the hurdle is that emotional distress is not as apparent as the physical pain and suffering, which makes the claim process very hard. Insurance companies may contend that the victim is exaggerating his injuries and the accident is not as significant as the victim claims. How to file a lawsuit for emotional distress? To sue for psychological damages requires an experienced personal injury attorney who could help the plaintiff obtain a decent payout for personal injury or emotional distress.

Emotional Distress in Legal Terms

Legally, psychological injury is considered as non-economic damage in personal injury cases like accidents and dog bites. As it is non-quantifiable, emotional distress damages can only be claimed based on the proof that the distress has a severe impact on the victim’s life. In some states of the US, like California, even the bystanders who witness the accident with the victim are entitled to receive damages for emotional distress when proved with evidence.

1.  The Intentional Infliction of Emotional Distress:

In some cases, the defendant would have intentionally inflicted emotional distress on the victim, which would be proved. In such emotional trauma lawsuits, it should be proven that the defendant’s action was outrageous and had the intention to harm the victim. It should also be proved that the act caused emotional distress in the victim.

2. The Negligent Infliction of Emotional Distress:

Though not intentional, the defendant can still be held liable for emotional distress injuries if his negligence caused the injury, which resulted in serious emotional distress to the victim.

How do you Prove Emotional Distress?

Filing for emotional distress should involve the below-mentioned factors.

  • Physical injuries: To prove the emotional distress, an important piece of evidence would be the victim’s physical injury. But in certain rare cases, it is not mandatory for the victim to have a physical injury to support the emotional distress compensation claim.
  • Mental health narratives: Mental health narrative would be prepared by a qualified medical professional after evaluating the emotional condition of the victim. These notes regarding the psychological distress of the victim after the accident may strengthen the emotional distress claim. The reports may also include the counseling and the psychiatric treatment sessions the plaintiff had to undergo after the injury.
  • Medical reports: The medical report of the victim act as the first line of evidence for all the treatment the victim had undergone. Medical records are vital and influence the success of emotional distress lawsuit cases.
  • Testimonies: Testimonies from individuals close to the victim are considered evidence of emotional distress compensation. The friends, colleagues, and family members can provide details on the emotional condition of the plaintiff after the incident.

LezDo TechMed can unearth the evidence of emotional distress from the abovesaid records to bolster your claim.

Unleash your case’s full potential with expert record reviews

How to Sue Someone for Emotional Distress?

By contacting a personal injury lawyer, emotional distress can be claimed. The following are the steps involved in an emotional distress claim:

  1. Documenting the distress:
    Documenting the emotional distress in medical records, work records, personal journals, etc., is a crucial step when it comes to e compensation for mental distress. Even heart rate and sleeping pattern monitoring of the victim can act as evidence during the psychological damage lawsuit.
  2. Discussion with an attorney:
    If you survey the emotional distress cases won, you can identify the role of an expert personal injury lawyer in it. An experienced personal injury attorney could help the victim in an emotional distress lawsuit. The attorney reviews the documents of the victim and then files a lawsuit.
  3. Filing a mental distress lawsuit:
    An emotional damage lawsuit would be filed against the defendant.
  4. Pre-trial preparations:
    During the pre-trial phase, both the plaintiff’s and defendant’s lawyers for emotional distress gather evidence to justify their respective claims. To avoid a trial, the two parties can work out a settlement offer.
  5. Trial & Settlement:
    If the emotional distress lawsuit settlement does not turn out well, then the court will proceed with the trial.

Can I sue my father for emotional distress?

Definitely! Is it legal for me to sue my father for emotional distress? can be justified. Or may you bring a lawsuit against a school for mental and/or emotional distress? We can learn a lot from the world. You cannot learn anything if you are not heard. Without the empirical world, you can learn to understand, but the learning process is useless.

Nobody has the right to cause another person emotional pain. It also goes against nature. It is possible for a primordial activity to result in mental or emotional discomfort. Can I sue my father for mental distress? Or how do I sue a school for emotional distress? I’ve already covered the specifics of filing a claim for mental distress.

Can I sue my School for an Emotional Distress Lawsuit Settlement?

The personal freedom of every citizen is highly valued in the United States of America. Nobody has the right to interfere with another person’s freedom. You can file a lawsuit against the school administration for emotional distress if a student or teacher is being harassed or suffering mental agony as a result of their behavior.

In other words, you may bring a case against the school for emotional distress if anything interferes with anyone’s moral freedom while they are on the school’s property, regardless of whether they are a teacher, student, parent, etc. You are eligible to receive the full settlement for any emotional anguish or distress you experienced both during the event and later.

How much can I Sue for Emotional Distress?

Three to seven times the cost of medical care may be awarded as damages for mental distress. The price includes incapacity, lost pay in the present and the future, present and future medical expenses, emotional harm, and deep-seated depression. The amount is determined by the seriousness of the incident and the harm done. From state to state, the total may change.

Can you Sue a Hospital For Emotional Distress?

If a doctor caused you mental anguish and they were legally negligent, you can undoubtedly sue him or the hospital. Your settlement is a component of the damages in a medical malpractice case that assist in making up for the emotional harm you endured.

If the doctor or other provider was legally negligent, which happens frequently, especially in nursing homes, you can definitely file a lawsuit for emotional abuse. You may file a lawsuit in reaction to the mistreatment of your loved one if a member of your family has been abused.

Final Thoughts

There is no doubt that personal injury and emotional distress cannot be discounted. But alleging mental distress is trickier than claiming a physical injury. In scenarios like workers’ compensation, there is no scope to claim for the psychological injury associated with workplace accidents. However, in a personal injury lawsuit, an expert personal injury attorney with expertise in emotional distress claims can help the plaintiff to obtain deserving compensation for emotional distress.

In emotional distress lawsuits, the plaintiff’s medical chart should focus on the mental distress he has experienced and the care he has received. For that, the medical records need to be reviewed appropriately. Outsourcing the medical chart review process to a skilled medical record review company would take care of the process quickly and efficiently. This would definitely aid the plaintiff in receiving a better payout for emotional distress.

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