After a traumatic accident, there are apparent physical injuries — broken bones, scarring, chronic pain. But what of the unseen wounds? The sleepless nights, the anxiety, the fear of getting behind the wheel again after a car crash? Emotional distress damages compensate for the psychological impact of an injury, including anxiety, depression, and loss of enjoyment of life.
Most victims are unaware that emotional anguish can be as debilitating as physical damage and in the vast majority of cases, you can be compensated for it. But how do you prove such an abstract concept as emotional distress? What sets these damages apart from all other garden-variety pain and suffering claims? And how much are they worth?
At Big Ben Lawyers, our dedicated personal injury attorneys are here to help you understand every aspect of your case—including the often-overlooked area of mental suffering damages. In this guide, we’ll explain what mental suffering is in the context of a personal injury claim, how to document and prove your emotional distress, and strategies to pursue the maximum compensation available. We’ll also show you how working with a top personal injury lawyer in California can be the key to a successful outcome.
What Are Emotional Distress Damages?
These kinds of damages are meant to compensate victims for mental damage caused by an accident or intentional negligence. Unlike medical bills or lost wages (which compensate for economic losses), they pay for:
Mental Anguish – Depression, anxiety, PTSD, or panic attacks that affect day-to-day activities.
Loss of Enjoyment of Life – Not being able to engage in hobbies or family activities or things you enjoyed prior to the injury.
Sleep Disorders – Insomnia, recurrent nightmares, or night terrors due to constant emotional distress.
Disfigurement or Humiliation – Especially important for disfigurement or humiliation cases.
These are considered non-economic damages. That is, there is no bill or bill for them. Courts instead look at your case as a whole and how badly your emotional well-being has been affected, for how long the effects may stick around, and how much it has had to change your lifestyle.
Just something to note: Agony isn’t just temporary sadness; it can spiral, turning into chronic psychological damage that requires professional intervention and interferes with your life in serious ways.
How Do You Prove Mental Distress?
Where physical harm can be assessed on an X-ray, emotional harm is abstract and subjective. This element makes it hard but not impossible to document.
Medical Documentation
Psychologist/Psychiatrist Records — Required to verify clinical diagnoses like PTSD, depression, or anxiety.
Therapy Notes – Progress notes including your mental state and treatment from your counselor/therapist
Prescription Medications – If you have been prescribed antidepressants, anti-anxiety pills, or sleeping pills, this shows just how bad things can be.
Personal Evidence
Avoid Journal Entries – A diary of internal conflicts will provide raw, real insight into your daily battle.
Witness Testimony — Testimony from family members, friends, or co-workers who have seen significant changes in your mood and behavior.
Expert Witnesses – Mental health care provider to give an opinion as to the severity of your injury and how it has affected your life.
Body Counts: The Physicality of Mental Anguish
Emotional distress is psychological, but it produces physical symptoms:
Chronic Fatigue – Mental stress also brings chronic fatigue.
Gastrointestinal – Stress ulcers or GI disturbances.
Headaches or Migraines – Headaches due to chronic stress are not uncommon.
Changes in Appetite – Significant overweight or underweight caused by anguish.
Combining personal documentation with professional diagnoses and physical symptoms can create a solid case for damages.
How Are Damages Determined?
Because they’re not economic damages, there’s no easy dollar amount. But certain factors dictate their calculation:
Severity and Extent of Suffering – The greater the mental impact and longer-lasting, the higher the damages.
Effect on Daily Life — If your situation prevents you from being able to work, socialize or otherwise live a normal life, you have a stronger case.
Medical Treatment and Costs — Ongoing therapy or psychiatric care shows how substantial your distress is.
Evidence Credibility and Consistency – The evidence (both personal and professional) is well-documented, consistent, and thus strong.
Insurance companies and attorneys often utilize the multiplier method—this involves multiplying your economic damage (medical bills, for example) by a number that reflects the severity of your mental harm. The per diem approach assigns a daily dollar amount to your suffering and then multiplies that to the length of your suffering.
No matter which route you take, thorough documentation will increase your chances for a fair award.
The Right to Recovery for Mental Suffering Without Physical Injury
Courts used to require that emotional harm claims be accompanied by some degree of physical harm. But the law has evolved.
Today, if you can show credible, compelling evidence of genuine mental distress, you can still recover damages even without physical harm. But brace yourself: insurers and courts will examine more.
You’ll need
- Good professional testimony from mental health experts
- Detailed personal diaries and chronologies
- Documentation of your mental status regularly
- Witnesses who will confirm the above changes in attitude or behavior
In some states, there are some types of cases (for example, witnessing a traumatic event to a loved one) for which independent claims are also available. “Always check in with an attorney experienced with your state’s laws to see what your options are.”
Importance of Having a Personal Injury Lawyer to File Emotional Torment Claim
Mental pain claims are complex claims. It’s not as simple as showing someone a broken bone and saying, “That hurts!” You can’t show a routine X-ray in an office. This is why it is essential to have a knowledgeable personal injury attorney.
So what a good lawyer can do for you is this:
Collecting Strong Evidence — They know exactly what insurers and courts will want for your claims.
Bringing in Expert Witnesses — Your attorney can hire top therapists to serve as expert witnesses for you.
Maximizing Awards – Your attorney knows how much you should be compensated for your claim and how much the insurance company will not want to pay.
State Statutes on Emotional Anguish Damages – Damage statutes vary quite a lot. A lawyer will ensure that your case proceeds in compliance with the proper legal steps.
Dealing with Insurance Strategies – Insurance companies often minimize claims for mental distress. Your offense attorney will fight for your rights.
In other words, an experienced personal injury lawyer ensures a level playing field and is your best chance of obtaining the compensation you deserve for your intangible injuries.
Maxing out your mental anguish claim
If you are requesting damages for emotional distress, take these affirmative steps:
Write It All Down – Journal, record therapy sessions, and list your medications.
See Professionals Early – Don’t delay for treatment. An early diagnosis will support you.
The third rule of business is “Tell the Truth and Be Consistent”— Inconsistencies can destroy your credibility. Just be honest about what you’re going through and how you’re feeling.
Avoid Social Media Traps – Insurers can use any comments you post on social media against you to undermine your claim. Be careful of what you put online.
Stay Close to Your Lawyer – Treatments under attack means stay close to your lawyer and listen to all their advice.
Your well-being matters. Not only does doing so help your claim, it helps you recover.
FAQ
Can I file a claim for emotional distress even if was not physically injured in the accident?
Yes, though perhaps more challenging. It will take a considerable amount of evidence, including but not limited to mental health evaluations, therapy sessions, and witness statements, to substantiate this claim. With the help of an experienced attorney, you can build a strong case.
How much do mental anguish awards amount to?
There is no set amount, as this will vary depending upon the severity of your distress, your impact upon your life and the strength of your evidence. The compensation varies, from a few thousand to, in extraordinary cases, six-figure awards.
Is it necessary to hire a solicitor to make a claim?
While technically possible to do it yourself, you really should get a lawyer involved. These kinds of claims are complicated, and having an attorney greatly increases your chances for a fair award.
What if my suffering developed after, not immediately following the crash?
That’s understandable. The trauma may not be visible at first. It can come weeks or even months later. As long as you have medical records and can show you had a routine schedule of treatment, you have a right to be compensated.
Will social media evidence affect my claim?
Yes. Many insurance companies are monitoring claimants’ social media. Photos or posts that paint you as “doing fine” can counter your claim. It’s prudent to scale back your activity or ask your lawyer what’s safe to share.
Conclusion
Mental anguish is real, damaging and deserving of compensation. Although it is very difficult to prove these claims, evidence, professional help, and legal advice can help you make the invisible wounds pay.
If you are having emotional trauma from an accident, do not fight this battlefield alone. Talk to an experienced personal injury attorney who will help you build a strong case and help you recover the compensation you deserve. Contact us at Big Ben Lawyers today. Taking that first step is the beginning of your financial and emotional recovery.
Sources:
Working: Now and Then
A guide to Suing forEmotional Distress
A Guide To Suing For Emotional Distress | WNT Legal Resources
Legal Dictionary