Emotional Distress in Personal Injury Cases: When Can You Seek Compensation?

If you have been injured in an accident, you may be entitled to compensation for your physical injuries. However, you may also experience emotional distress as a result of the accident, such as anxiety, depression, and post-traumatic stress disorder (PTSD). In this blog post, we will discuss when you can seek compensation for emotional distress in personal injury cases.

What is Emotional Distress?

Emotional distress refers to the mental or emotional harm that a person experiences as a result of an accident or injury. This can include anxiety, depression, PTSD, and other emotional and psychological conditions.

When Can You Seek Compensation for Emotional Distress?

To seek compensation for emotional distress, you must be able to demonstrate that the accident caused the distress. This can be challenging, as emotional distress is not always visible or easy to prove. However, if you can demonstrate that the accident caused your emotional distress, you may be entitled to compensation.

Types of Emotional Distress Claims

There are two types of emotional distress claims:

1. Negligent Infliction of Emotional Distress (NIED)

NIED occurs when a person suffers emotional distress as a result of another person’s negligent actions. For example, if a driver causes an accident that results in emotional distress for the victim, the victim may be able to file an NIED claim.

2. Intentional Infliction of Emotional Distress (IIED)

IIED occurs when a person intentionally causes emotional distress to another person. For example, if someone intentionally causes an accident with the intent of causing emotional distress to the victim, the victim may be able to file an IIED claim.

Proving Emotional Distress Claims

Proving emotional distress claims can be challenging. To demonstrate that the accident caused your emotional distress, you may need to provide evidence such as medical records, witness statements, and expert testimony from a mental health professional.

Working with an experienced personal injury lawyer can help you build a strong case for emotional distress compensation. Your lawyer can advise you on your rights and options, gather evidence, and represent you in court if necessary.

Emotional distress is a real and significant issue that can result from an accident or injury. To seek compensation for emotional distress, you must be able to demonstrate that the accident caused the distress. Working with an experienced personal injury lawyer can help you build a strong case and increase your chances of receiving the compensation you deserve.

A personal injury lawyer can help you understand your legal options and negotiate a fair settlement on your behalf. Click here to schedule a free consultation with one of our skilled California lawyers to learn more about your options. Or call our offices at 707 549 8166.