Senior Partner
Personal injuries can lead to more than just physical pain and financial burden. The emotional toll of an accident or incident can be equally significant, often causing lasting trauma and distress. While it may be challenging to quantify emotional suffering, the legal system recognizes the impact of emotional distress and allows individuals to seek compensation for it in personal injury claims. In this blog post, we’ll explore the concept of recovering damages for emotional distress in personal injury claims, shedding light on its significance, requirements, and potential challenges.
Understanding Emotional Distress in Personal Injury Claims
Emotional distress refers to the psychological and emotional turmoil experienced by an individual as a result of a traumatic event or accident. This distress can manifest in various ways, including anxiety, depression, post-traumatic stress disorder (PTSD), sleep disturbances, and more. In the context of personal injury claims, emotional distress can stem from a wide range of incidents, such as car accidents, medical malpractice, slip and falls, and even intentional harm.
Recovering Damages for Emotional Distress
Negligent Infliction of Emotional Distress (NIED): NIED is a legal theory that allows individuals to seek compensation for emotional distress caused by the defendant’s negligence. In some cases, a bystander who witnesses a traumatic event happening to a loved one may also be eligible to recover damages for emotional distress.
Intentional Infliction of Emotional Distress (IIED): If the defendant’s actions were intentional and calculated to cause emotional harm, the injured party may be able to pursue damages for intentional infliction of emotional distress. However, this can be challenging to prove, as it requires demonstrating that the defendant’s behavior was truly extreme and outrageous.
Zone of Danger Rule: Some jurisdictions follow the “zone of danger” rule, which allows emotional distress damages for plaintiffs who were themselves in immediate danger as a result of the defendant’s negligence, even if they did not sustain physical injuries.
Impact Rule: The impact rule requires that the emotional distress be accompanied by some form of physical impact or injury. However, this rule has been criticized and modified in many jurisdictions, as it may not adequately address cases where emotional distress is the primary harm.
Requirements for Recovering Damages
To successfully recover damages for emotional distress, certain criteria usually need to be met:
Causation: It must be established that the defendant’s actions or negligence directly caused the emotional distress. This often requires medical or expert testimony to link the distress to the incident.
Severity: The emotional distress must be significant and beyond the normal range of emotional reactions. This might involve providing evidence of therapy sessions, medical records, or testimonies from mental health professionals.
Verifiable Symptoms: Plaintiffs should be able to demonstrate recognizable symptoms of emotional distress, such as diagnosed psychological conditions, behavioral changes, or the need for therapeutic intervention.
Challenges and Considerations
Subjectivity: Emotional distress is inherently subjective, making it difficult to quantify and prove. Unlike physical injuries, which can be objectively measured, emotional suffering relies on the plaintiff’s description and expert opinions.
Stigma and Skepticism: Jurors and insurance companies may be skeptical about emotional distress claims, potentially leading to challenges in securing adequate compensation.
Legal Variations: Laws regarding emotional distress damages vary by jurisdiction. Some states may have specific requirements or limitations on the types of cases where emotional distress damages can be pursued.
Legal Representation: Enlisting the support of experienced personal injury attorneys can significantly improve your chances of successfully recovering emotional distress damages. They can guide you through the legal process, gather evidence, and present a strong case on your behalf. At Miller, Montiel & Strano, P.C., we have decades of experience you can rely on and the compassion you need during what may be the most difficult time in your life. You can contact us now.
Recovering damages for emotional distress in personal injury claims acknowledges the profound impact that accidents and incidents can have on an individual’s mental and emotional well-being. While it poses challenges due to its subjective nature, the legal system recognizes the validity of emotional distress claims and provides a path for individuals to seek compensation. If you’ve experienced emotional distress as a result of a personal injury, consulting with a knowledgeable attorney can help you navigate the complexities of the legal process and work toward obtaining the compensation you deserve.
