Emotional distress is a common consequence of a traumatic event, and it can significantly impact a person’s life. It can cause long-term psychological damage and lead to lasting mental health concerns. For example, if you or a loved one has been involved in a severe personal injury case, you may experience emotional distress, including anxiety, depression, and post-traumatic stress disorder (PTSD). Fortunately, Indiana laws allow its citizens to recover compensation for emotional distress caused by someone else’s negligence.
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Definition of Emotional Distress
Indiana’s courts identify emotional distress as a severe emotional response to a traumatic event that affects the daily life of an individual. It can manifest in various ways, such as anxiety, depression, mental anguish, shock, and PTSD.
Types of Damages For Emotional Distress
When considering a personal injury case, Indiana courts divide emotional distress damages into two main areas: compensatory and punitive damages.
Compensatory Damages
Compensatory damages are intended to reimburse the victim for several losses, including:
- Lost wages and medical expenses
- Reduced earning capacity
- Loss of enjoyment of life
- Psychological and emotional suffering
Compensatory damages account for the financial and emotional damage incurred because of the traumatic event.
Punitive Damages
Punitive damages are meant to punish the conduct of the defendant, including reckless or intentional harm. They are rare in Indiana courts, and they require compelling evidence to support the claim for punitive damages.
How To Prove Emotional Distress
Proving emotional distress, particularly in court, can be a daunting task. Still, the following elements can help you establish a successful claim:
A Traumatic Event
To file an emotional distress claim, the plaintiff must have been involved in a traumatic event that occurred because of negligence or misconduct. This event must have caused substantial distress and suffering.
Medical Documentation
Medical documentation from a licensed mental health professional is crucial to prove emotional distress. This should include a diagnosis of a recognized mental health disorder resulting from the traumatic event, such as PTSD, anxiety, or depression.
Causation
A plaintiff must prove that their emotional distress is directly linked to the traumatic event, and it would not have existed if the event had not occurred. Proving causation often requires testimony from medical professionals or witnesses.
Damages
The plaintiff must prove that the emotional distress has caused severe and significant distress to their daily life. This includes physical symptoms such as insomnia, and mental symptoms like anxiety and depression.
Statute of Limitations
In Indiana, there is a statute of limitations for filing a claim; this refers to the time limit given to file an emotional distress claim. The statute of limitations for these claims is two years from the date of the traumatic event. Failure to file a claim before the statute of limitations expires can bar you from seeking compensation.
Conclusion
In summary, emotional distress resulting from a traumatic event can have severe impacts on an individual’s life. However, in Indiana, it is possible to recover compensation for emotional distress resulting from someone else’s negligence. If you or your loved one has suffered emotional distress due to an accident, it is crucial to seek legal counsel to ensure that you receive compensation for your losses. With the help of an experienced attorney, you can recover the damages that you are entitled to and regain control of your life after a traumatic event.