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If you’re injured due to another’s negligence, you probably know you’re entitled to compensation for various financial losses. This includes apparent damages, such as your medical bills and lost wages. However, there are other (less tangible) ways people are harmed in personal injury cases.
Whether you are hurt in a car crash, a fall, or due to medical malpractice, there are many subjective ways your life can be negatively impacted. These are called noneconomic damages. One of the most common types is the emotional distress you or a loved one endured.
While your emotional distress is harder to calculate than medical bills, they are no less valuable. Our Ohio injury attorneys will discuss whether you can sue for emotional distress and offer some common examples. Then they’ll explain what you’ll need to prove and the significance of getting all the compensation you deserve.
Emotional distress is the mental and emotional suffering a person experiences due to a traumatic event. A severe, injury-causing incident like a motor vehicle accident is one example. Emotional distress can manifest in numerous ways, including anxiety, depression, post-traumatic stress disorder (PTSD), and even physical symptoms such as headaches, nausea, and sleep disturbances.
Emotional distress after an injury can take many forms with unique symptoms and characteristics. It’s essential to identify and understand your emotional suffering and address issues promptly.
If you or someone you know is experiencing emotional distress after an accident, it’s highly recommended that you seek professional help and support.
In many cases, it is possible to pursue financial compensation for emotional distress caused by negligence through a lawsuit or insurance claim. To be successful in an emotional distress lawsuit, a victim must prove that the at-fault party’s actions were the cause of their emotional distress. They must also show that the emotional pain was severe enough to warrant compensation.
Establishing that you or a loved one suffered emotional distress from an injury can be challenging. Emotional pain is subjective and, to some degree, open to interpretation. In many cases, testimony and evidence from outside experts and first-hand accounts of what you went through can help. In addition, some evidence can help establish your emotional distress and support a legal claim for damages.
Evidence commonly used to prove emotional distress:
Proving emotional distress in a legal action or insurance claim requires careful consideration and presentation of evidence. It is crucial to seek the advice of an experienced attorney who can help gather and prepare the evidence necessary to establish emotional distress and its financial impact.
Assessing a dollar value for your emotional distress after a personal injury can be challenging; there is no one-size-fits-all formula.
Economic losses like your medical expenses and lost wages are simpler to evaluate. Some of the factors considered when determining the value of emotional distress include:
By working with a personal injury lawyer, you can review the full impact of how an injury caused you emotional distress and maximize its value.
People might discount or ignore the emotional turmoil and mental pain that follows a traumatic, life-changing injury. After all, you may also be in considerable physical pain and worry about practical matters like paying bills and resolving your case.
But remember that the insurance company and lawyers representing the other side are counting on you to overlook the total compensation you deserve. They hope you’ll settle in favor of a fast, low-ball offer.
Recovering the full and fair compensation you’re legally entitled to for your emotional distress can help cover the possible long-term costs associated with medications, therapy, and the lost wages incurred because of your experiences. Suing for emotional distress after an injury can also instill a sense of closure and justice for the victim. By holding negligent parties accountable for the physical and emotional harm they inflict on others, you can prevent similar incidents from occurring in the future.
You can better access the financial, emotional, and psychological resources needed to move past an injury by suing for emotional distress. However, you’ll need legal help to collect the necessary evidence and make a compelling argument for all you deserve.
An experienced personal injury lawyer can help establish liability for the accident in question, gather evidence to support your claim and negotiate with all parties to secure the maximum amount.
You should never ignore the emotional distress or mental anguish after an injury caused by another’s negligence. Under the law, you have rights and options to make you whole and hold the party at fault accountable. If you or a loved one are having a difficult time after an injury, call KNR.
Our Ohio injury lawyers have helped numerous people recover compensation for the mental effects following major injuries. Let us evaluate the details, help determine the value of your claim, and what you can expect from suing for emotional distress.
Call 1-800-HURT-NOW for a free consultation, and there are no fees unless you recover compensation.