When an individual is involved in a personal injury incident, the physical harm they sustain often takes center stage. The medical treatment, recovery, and bills associated with the injury are typically what most people focus on. However, emotional and psychological pain can be just as debilitating as physical pain and should not be overlooked. In personal injury lawsuits, emotional distress claims can be just as important as claims for physical damages. This page will dive into what emotional distress claims are, when they can be made, and how they are handled in personal injury cases.
Understanding Emotional Distress Claims 
Emotional distress refers to the psychological and emotional suffering that results from an injury or accident. It can manifest in many ways, including anxiety, depression, post-traumatic stress disorder (PTSD), or the inability to engage in daily activities due to the psychological toll the injury has taken. These psychological impacts are often invisible but can be just as damaging as physical injuries. Emotional distress claims are a form of non-economic damages, meaning that they are not tied to a specific monetary amount like medical bills or lost wages, but they still hold significant value in the legal process.
In personal injury cases, emotional distress claims often arise in situations where the injury was particularly traumatic or where the victim’s ability to live a normal life has been severely compromised. These claims are not only restricted to the injured party but may also extend to family members in some cases. For instance, if someone witnesses their loved one’s injury or death due to another party’s negligence, they may have grounds to file an emotional distress claim as well.
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What Qualifies for Emotional Distress Claims
For an emotional distress claim to be valid in a personal injury lawsuit, certain conditions must be met. First and foremost, the distress must be a direct result of the injury sustained due to someone else’s negligence. The claimant must prove that the emotional suffering is severe and that it directly correlates with the physical injury or accident. In some cases, emotional distress may be considered alongside other damages like medical expenses or lost wages, but it typically requires special documentation and evidence.
One of the most important factors in these claims is the severity of the emotional distress. It is not enough for a claimant to simply state that they feel anxious or upset following an injury. They must demonstrate that the distress is significant, such as showing that it impairs their ability to work, socialize, or take care of personal needs. Psychological conditions such as depression, PTSD, or severe anxiety may be presented as evidence of the distress.
Proving Emotional Distress in Personal Injury Cases
Proving emotional distress in a personal injury lawsuit can be more challenging than proving physical injuries. Unlike physical wounds, the psychological impact of an injury is not as easily observable, and this can make it difficult for the victim to prove their suffering. However, it is still possible to build a strong case for emotional distress with the right documentation and legal strategy.
One of the most crucial aspects of proving emotional distress is medical evidence. This may include therapy records, psychiatric evaluations, or testimony from mental health professionals who have treated the injured party. The victim’s own testimony regarding how their life has been affected by the emotional distress is also important. This could involve explaining how their daily routine has been disrupted, how they have become withdrawn, or how their relationships have suffered.
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Testimony from family members, friends, or colleagues who have witnessed the emotional toll of the injury can also serve as strong evidence. In many cases, the court will consider how the injury has affected the victim’s relationships, their ability to engage in hobbies or work, and their overall sense of well-being.
The Role of Emotional Distress in Personal Injury Lawsuits
In personal injury lawsuits, emotional distress is often considered a non-economic damage. This means that it is separate from economic damages like medical bills, lost wages, and property damage. While economic damages can be calculated based on bills and receipts, non-economic damages like emotional distress are less straightforward and do not have a set monetary value. As a result, determining the appropriate compensation for emotional distress can be complicated.
The amount of compensation for emotional distress typically depends on factors such as the severity of the emotional suffering, the impact on the victim’s life, and the extent of the defendant’s negligence. The jury or judge will consider how deeply the injury has affected the victim’s life and assign a value accordingly. In some cases, emotional distress damages can be a significant portion of the total compensation awarded in a personal injury case.
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Emotional Distress Claims Without Physical Injury
While emotional distress is often tied to physical injury in personal injury cases, it is also possible to make an emotional distress claim without a physical injury. This type of claim is often referred to as “bystander emotional distress,” and it applies to individuals who have witnessed an injury to someone else and have suffered emotional trauma as a result.
For example, a person who witnesses a car accident in which a loved one is severely injured may be able to file a claim for emotional distress, even if they were not physically injured in the accident. In these cases, the plaintiff must demonstrate that they were closely related to the person injured, that they were present at the scene of the accident, and that the emotional distress was significant.
While these claims are not as common, they are still valid in certain circumstances and can be an important part of a personal injury case. Bystander emotional distress claims are treated similarly to claims involving physical injury, but they often require more nuanced evidence, such as testimony from mental health professionals and family members.
How Emotional Distress Claims Are Handled in Court
When emotional distress is part of a personal injury lawsuit, the process for handling the claim is similar to other aspects of the case. After the initial claim is filed, both sides will engage in the discovery process, where evidence is gathered and shared. This may include medical records, witness testimony, and expert opinions regarding the emotional toll of the injury.
In many personal injury cases, emotional distress claims are settled out of court, especially when both parties agree on the extent of the damages. However, if the case goes to trial, a judge or jury will evaluate the evidence and determine whether the plaintiff is entitled to emotional distress damages. They will also decide on the amount of compensation based on the severity of the emotional suffering and the overall circumstances of the case.
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The Impact of Emotional Distress on Personal Injury Compensation
Emotional distress can have a significant impact on the total compensation awarded in a personal injury case. While economic damages are usually straightforward to calculate, emotional distress damages are often subject to interpretation and the judgment of the court. This is why it is important for victims to work with experienced personal injury attorneys who can help them gather the necessary evidence to support their claims and advocate for fair compensation.
In some cases, emotional distress claims can result in larger settlements or awards than the actual physical injury. This is especially true in cases where the emotional suffering is particularly severe or long-lasting. The goal of these claims is not only to compensate the victim for their pain but also to hold the responsible party accountable for the emotional damage caused by their actions.
Emotional distress claims are an important aspect of personal injury lawsuits, as they recognize the profound psychological impact that an injury can have on an individual’s life. While these claims can be more difficult to prove than physical injury claims, they are just as essential in ensuring that victims receive the compensation they deserve. If you have experienced emotional distress as a result of an accident or injury, it is important to consult with a qualified personal injury attorney who can help you navigate the legal process and build a strong case.
At Andrews, Bernstein & Maranto, PLLC, we understand the complexities of personal injury law and are committed to helping our clients receive the compensation they deserve for both physical and emotional suffering. Contact us today for a free consultation and let us help you through this challenging time.