When most people think about personal injury compensation, they envision medical bills, lost wages, or property damage. However, personal injuries can also cause significant emotional distress, which can be just as debilitating as physical injuries. In some cases, the law provides avenues for seeking compensation for emotional suffering resulting from an accident or negligence. Understanding how emotional distress is compensated and what the law says can help you pursue a fair claim.
What is Emotional Distress in Personal Injury Claims?
Emotional distress refers to the psychological impact caused by an accident or personal injury. It encompasses a wide range of feelings, including anxiety, depression, humiliation, grief, and post-traumatic stress disorder (PTSD). Emotional distress can arise from physical injuries, the traumatic event itself, or the long-term consequences of the accident.
In personal injury law, emotional distress can fall under two categories: negligent infliction of emotional distress (NIED) and intentional infliction of emotional distress (IIED). Both types of claims involve the emotional and psychological effects of an incident, but they differ in terms of the legal standard required to prove the claim.
1. Negligent Infliction of Emotional Distress (NIED)
Negligent infliction of emotional distress occurs when someone’s carelessness or failure to exercise reasonable care leads to emotional suffering in another person. For example, if a person is involved in a car accident caused by another driver’s negligence and suffers emotional trauma as a result, they may be entitled to compensation for emotional distress.
To successfully claim NIED, the plaintiff must generally prove the following:
Duty of Care: The defendant had a legal duty to act in a reasonable manner to prevent harm. For example, a driver has a duty to follow traffic laws and drive safely.
Breach of Duty: The defendant breached that duty of care. This might be through negligent driving, unsafe working conditions, or medical malpractice.
Causation: The breach of duty directly caused the accident or incident in question.
Emotional Distress: The plaintiff must demonstrate that the emotional distress they experienced was a direct result of the defendant’s actions. Evidence such as therapy records, testimonies from loved ones, and mental health evaluations can support the claim.
Unlike physical injury claims, which often come with clear documentation of damage (like medical records), emotional distress claims require proof of the psychological effects caused by the incident. This can include records of counseling, therapy, or doctor visits, as well as personal statements detailing the emotional toll.
2. Intentional Infliction of Emotional Distress (IIED)
Unlike NIED, intentional infliction of emotional distress involves cases where the defendant deliberately engages in outrageous or extreme behavior that causes severe emotional harm to another person. This may occur in situations such as harassment, threats, or intentional cruelty.
For a successful IIED claim, the plaintiff must prove:
Outrageous or Extreme Conduct: The defendant’s actions must be shocking, outrageous, or extreme. This goes beyond mere insults or verbal disputes.
Intent or Recklessness: The defendant intended to cause emotional distress or acted with reckless disregard for the likelihood of causing harm.
Causation: The defendant’s conduct directly caused the emotional distress.
Severe Emotional Distress: The emotional distress experienced by the plaintiff must be significant. This is usually demonstrated by medical or psychological expert testimony.
Examples of IIED could include a doctor providing incorrect diagnosis on purpose, or a person being subject to severe bullying or harassment in the workplace. These situations may cause significant emotional distress, including anxiety, depression, and lasting trauma.
3. Compensation for Emotional Distress in Personal Injury Cases
In personal injury claims, compensation for emotional distress is typically categorized as non-economic damages, which are awarded in addition to economic damages like medical bills and lost wages. Non-economic damages are meant to compensate for intangible losses, such as:
Pain and Suffering: This includes both physical pain and the psychological suffering caused by an injury.
Loss of Enjoyment of Life: If an injury prevents you from enjoying daily activities or hobbies, this can be factored into your compensation.
Mental Anguish: This includes anxiety, depression, and emotional trauma that directly result from the accident or injury.
The amount of compensation for emotional distress varies significantly depending on the severity of the distress and the circumstances of the case. In some cases, emotional distress damages may be substantial, especially if the plaintiff can show that the distress is long-lasting and has affected their quality of life. Insurance companies often rely on medical evidence and expert testimony to determine the validity and extent of the emotional distress claim.
4. Challenges in Proving Emotional Distress
One of the main challenges in seeking compensation for emotional distress is proving the extent of the harm. Unlike physical injuries, emotional distress is intangible and can be difficult to quantify. This is why it’s essential to work with a skilled personal injury lawyer who can help build a strong case for your emotional distress claim.
Key strategies include:
Documenting the Emotional Impact: Keep a record of your emotions, struggles, and any therapy sessions or medical treatment related to your distress.
Expert Testimony: Mental health professionals, such as psychologists or psychiatrists, can provide testimony about the emotional toll the accident has taken on you. This can include diagnoses of PTSD, depression, anxiety, or other psychological conditions.
Witness Testimonies: Statements from family members, friends, or coworkers who have witnessed the emotional impact of your injury can also be persuasive in demonstrating the severity of your distress.
5. How to Pursue a Claim for Emotional Distress
If you believe that you have suffered emotional distress due to a personal injury, it’s essential to consult with an experienced personal injury attorney who can guide you through the process of filing a claim. Here’s a basic outline of how to proceed:
Consult with a Lawyer: A personal injury lawyer will assess your case and determine whether emotional distress can be included in your claim.
Gather Evidence: Work with your attorney to gather all the necessary documentation, including medical records, therapy notes, and personal statements.
File Your Claim: Your lawyer will file the appropriate legal paperwork, ensuring that your emotional distress claim is part of the overall personal injury claim.
Negotiation or Litigation: If the insurance company or the responsible party does not offer a fair settlement, your lawyer will negotiate or take the case to court.
Conclusion
Personal injury compensation for emotional distress is a crucial aspect of seeking justice after an accident or traumatic event. Whether you are pursuing a claim for negligent or intentional infliction of emotional distress, the law recognizes the profound impact that psychological suffering can have on a person’s life. With the help of an experienced attorney, you can maximize your compensation by properly documenting your emotional injuries and seeking fair compensation for the pain, anguish, and loss of enjoyment caused by the incident.