Physical pain is not the only harm that may be suffered in an accident. Emotional distress can significantly impact your daily life and recovery, adding another challenge to a situation that is already difficult. When filing a personal injury claim, emotional distress damages may greatly impact the outcome of your case. Emotional distress damages are much harder to calculate than other types of compensation. They are also much more difficult to prove. It is important to speak to an experienced West Virginia personal injury lawyer who can help with the challenges these claims present.
What is Emotional Distress?
In personal injury lawsuits, emotional distress is a term used to indicate the psychological and mental harm an individual suffers as a result of a physical injury or an accident. Emotional distress refers to a wide variety of emotional and mental struggles, including depression, anxiety, fear, and post-traumatic stress disorder (PTSD).
While physical harm is fairly easy to quantify, emotional distress is not. Still, it is just as real and impactful. The courts in West Virginia have recognized that the emotional toll of an accident is often long-lasting and it can affect a person’s ability to work, relationships, and quality of life. When building a strong personal injury case, it is critical to understand emotional distress so you can pursue damages for the emotional hardships you will endure, as well as for your physical pain and injuries.
When to File an Emotional Distress Lawsuit
You can only file a claim for emotional distress in certain instances. These are as follows:
- Intentional harm or negligence: You must be able to prove that your emotional distress was a result of another person’s negligence or that they intentionally caused you harm.
- Causation: Emotional distress damages are usually linked to physical injuries. In West Virginia, you can seek compensation for emotional distress without physical injury if you witnessed someone being killed or were in fear of contracting a disease.
- Extreme distress: To pursue damages for emotional distress, the harm must be severe and significant. Temporary stress and minor inconveniences are not enough to file an emotional distress lawsuit. A court will usually require strong evidence proving that the emotional distress had a lasting and substantial impact on your daily life and mental health.
- Foreseeable: You must also establish that the emotional distress was an expected consequence of another person’s actions. This means that another reasonable person would have anticipated that the actions of the defendant would cause someone else emotional distress.
Common Types of Emotional Distress
Emotional distress shows up in several ways after an accident. These include:
- Extreme depression or anxiety: The emotional toll of an injury can result in severe depression or anxiety. This can impact your ability to work, socialize, or participate in daily activities. You may require ongoing counseling, medication, or hospitalization to stabilize your mental health.
- Post-traumatic stress disorder (PTSD): PTSD is often experienced by accident victims. PTSD can cause heightened anxiety, nightmares, and flashbacks. Certain types of specialized therapy, such as Eye Movement Desensitization and Reprocessing (EMDR) and Cognitive Behavioral Therapy (CBT), are often required to help accident victims manage their symptoms.
- Avoidance behavior: Accident victims may go to great lengths to avoid being in a similar situation. For example, after a serious car accident, a victim may avoid driving. Counseling or therapy is often necessary to help victims move past these fears and regain confidence in their daily lives.
- Sleep disorders: After experiencing trauma, individuals often struggle with sleep disorders, such as night terrors and insomnia. Interruptions to sleep can result in irritability, physical exhaustion, and worsened mental health conditions. Sometimes, accident victims require sleep therapy or medication to regain healthy sleep patterns.
- Chronic pain: Chronic pain conditions can sometimes worsen an accident victim’s emotional distress. Managing chronic pain can require physical therapy, surgery, or pain clinics. Meanwhile, chronic physical pain can result in emotional breakdowns and a need for psychological support.
- Disfigurement: Serious accidents can cause disfigurement which results in depression, body image issues, social isolation, and extreme emotional distress. Along with reconstructive surgery, disfigurement can also cause serious emotional trauma.
Serious emotional distress can be just as debilitating as physical injuries. Often, emotional distress requires treatment for both physical and mental injuries. Thorough documentation of the emotional distress you experience is critical, as it can provide evidence of the mental trauma you are experiencing.
How to Obtain Emotional Distress Damages
When emotional distress is properly documented, the courts will take it very seriously. The steps involved in obtaining emotional distress damages are as follows:
- Document the damage: When proving emotional distress, you need to present strong evidence that establishes the harm suffered. This includes psychological evaluations, medical records, personal journals, and testimony from mental health professionals.
- Establish the cause: You must show the emotional distress you have suffered is directly linked to someone else’s negligent or intentional actions. It is important to document any physical injuries accompanied by emotional distress.
- File the complaint: It is important to work with an attorney when pursuing emotional distress damages. Your lawyer will file a formal complaint with the court, which will detail the accident and how it caused your emotional distress.
- Negotiations: The majority of personal injury cases are settled outside of court. Your lawyer will negotiate on your behalf for a fair settlement. If a settlement cannot be reached, your lawyer can represent you at trial.
Our Personal Injury Lawyer in West Virginia Can Prove Emotional Distress
Many different types of accidents can result in emotional distress, but there are many challenges associated with pursuing these damages. This harm is very subjective, which can make insurance companies and juries skeptical of the actual harm, particularly if there is little evidence to prove the loss. At Kaufman & McPherson, PLLC, our West Virginia personal injury lawyers will fight for you and overcome these challenges so you obtain the full damages you justly deserve. Call us today at 304-842-4300 or fill out our online form to schedule a free case evaluation with one of our experienced attorneys and to learn more about how we can help.
