A personal injury case is commonly known to be filed for physical injuries. What many individuals do not know is that, you can also file a personal injury case for psychological, emotional, and mental damages. An accident can be traumatizing and the effects of such an accident can be long-term. While proving physical injuries is easy, the same cannot be said about intangible losses such as mental anguish.Â
What is Emotional Distress?
The intangible effects arising from an accident are commonly referred to as emotional distress, and when filing a personal injury case, it may also be referred to as pain and suffering. The different aspects of such conditions that may be included range from mental suffering, anguish, physical pain, anxiety, horror, depression, post-traumatic stress disorder, as well as psychological trauma. These aspects encompass both mental and emotional health issues as a result of an accused negligence that caused an accident. Consulting an experienced personal injury lawyer can help victims navigate these complex issues and ensure they receive appropriate compensation for their suffering. Â
Emotional Distress in a Personal Injury Case
Pain and suffering is recognized as a compensable damage under personal injury claims allowing an individual to recover compensation. It is possible to base an anguish claim on the two major types of distress. Â
Negligent Infliction of Emotional Distress (Negligence) NIED
NIED refers to unintentional conduct that leads to severe pain and suffering that reflects on the breach of duty. Some examples under this category may include devastation arising from professional malpractice and witnessing a traumatic experience as a result of negligence.Â
Intentional Infliction of Emotional Distress (Intent to harm) IIED
This category refers to when an individual deliberately acts in a manner that causes severe mental anguish with the key objective focusing on the intentional nature of the situation. Some examples under the intent to harm may include malicious gossip, threats to cause physical harm, as well as intrusive acts.Â
Looking at the circumstances, an individual may recover past as well as future pain and suffering. Even at this, it can be challenging to prove the severity of the circumstance because of the lack of physical signs. However, with the help of psychologists and therapists, you have the chance to record related symptoms, receive medical documentation as well as obtain expert testimonies that will prove mental anguish. Therefore, a mental health expert plays a key role in such cases.Â
Other than using a psychological expert, you can also demonstrate mental anguish through the testimonies of the victim as well as the victim’s loved ones. To do this, they are required to give examples to show the difference in the victim’s life due to negligence. Â
Tips for Proving your Case
Due to the lack of tangible evidence and the emotional turmoil, it can be challenging to prove mental anguish. However, the following are tips that will guide you through making a strong case that will increase the chances of a successful pain and suffering claim.Â
Severity of the accidentÂ
The concept of severity is crucial in such cases whereby the courts will consider the impact it has on your daily life/activities. You will have a better opportunity of proving your case where mental instability is intense. In circumstances where an individual alleges negligence rather than intent, the courts will look into the accompaniment of physical injury as well to determine the worth of your claim and if it is calls for compensation.
Emotional Distress in a Personal Injury Case – Collection of evidenceÂ
Individuals should have documentation to prove your experience and change in emotional despair. Some documentation may include:Â
- Medical records are a crucial way of keeping track of an individual’s well-being. To prove mental trauma, records from therapy sessions or other related treatments will go a long way into proving your case.Â
- Witness statements can be provided from persons who have journeyed with the affected individual to show the change in their emotions.Â
- Personal diaries which keep record of information showing emotional instability as a result of the incident.Â
- Evidence showing changes in your life as a result of the incident. This may include a change in your social interactions or a record of missed days from work.  Â
CausationÂ
Causation refers to proving that the incident in question is the cause of your mental disorder. In this, you must be able to provide a distinct link between intentional or negligent actions of the defendant and your mental anguish. The more severe this underlying cause of the distress, the more likely it will be to prove your case in court and win. It is easier to prove mental anguish in an individual who survived an accident and sustained injuries as compared to another in the same accident but survived the incident without any injuries. This is because it is difficult to link the pain to the accident.Â
Progressive painÂ
You can prove severe mental anguish through recorded persistent and progressive pain that is not only evident after the incident but that it is bound to recur in the long-term. Cases such as post-traumatic stress disorder can come in handy to prove your case. Pain in the short-term is less likely to call for attention when seeking pain and suffering compensation because they cannot prove severity.Â
Individuals can provide proof of ongoing therapy sessions, long-term use of medication, as well as changes in your professional or personal life that bring about mental instability in the long-term. For example, an incident that led to cases such as depression, post-traumatic stress disorder, or anxiety indicates psychological harm.
Related harm/ physical signsÂ
In many cases, psychological harm is highly related to physical harm. This is not necessarily related to harm in the form of injuries but to internal harm such as constant or recurring headaches and/or ulcers.Â
Frequently Asked Questions (FAQs)
Q: Is there a fundamental cause of emotional distress?Â
A: Yes there is. The first consideration by the courts will be the actual cause behind the injury. Cases that receive compensation with ease are those that are considered severe and traumatizing situations.Â
Q: Can I only sue for pain and suffering? Â
A: Most pain and suffering claims are accompanied by physical bodily injuries. Under this situation, individuals can claim mental anguish caused by the injuries they incurred. However, under the law, you can still recover damages for only mental anguish in the absence of physical injuries though it is not common. An individual can be awarded financial damages only if:Â
- They can prove negligenceÂ
- The defendant suffered severe mental distressÂ
- They can prove that the negligence was the major factor that caused the distress.Â
This is the reason that even passersby who witness drastic and traumatic incidents qualify for these damages but only if they can prove severe distress.Â
Q: Can a doctor help me to prove pain and suffering?Â
A: Absolutely. However, for this claim to hold, you need medical documentation not just from any type of doctor. A report from a therapist or specialist in the related fields is in a better position to detailed information regarding the severity, longevity, and intensity of the mental instability. In the provided report, the diagnosis must link the distress to the negligence of the plaintiff.Â
Q: Are there some physical signs that show emotional distress?Â
A: Emotional anxiety and distress comes with some physical effects that may include: severe and recurring headaches, pains in neck, shoulder, or back, dizziness, an increased heart rate, as well as drastic weight adjustments. Other victims may also register loss or an increase of sleep, hives or a shortness of breath.Â
Q:Â How can a personal injury lawyer be of assistance to my case?Â
A: Having an attorney to represent you in your case is a major plus whether you are seeking compensation out of court or in court. You not only get a fair trial but you will also receive a compensation that is well deserved. A reputable lawyer will also help you to gather the relevant evidence in due time to help with your case. Â
ConclusionÂ
Emotional distress remains a significant element of seeking damages in a persona injury case. This represents both psychological and emotional harm that are caused by an accident. By understanding pain and suffering, how you can prove it as well as its importance in seeking compensation will help you to pursue your personal injury claim. With the help of an attorney from BigBen, you can argue and sue for emotional distress and seek fair and just compensation.Â
ReferencesÂ
Ferrari, R., & Klar, L. (2014). On Matters Causation in Personal Injury Cases: Considerations in Forensic Examination. Europena Journal of Rheumatology. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5042245/Â
Richardson, A. E., Derrett S., Samaranayaka, A & Wyeth, E. H. (2021). Prevalence and Predictors of Psychological Distress following Injury: Findings from a Prospective Cohort Study. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8215821/