As the victim of a personal injury accident in Iowa, you may be entitled to compensation for not only physical injuries but also emotional distress that you’ve suffered.
In this article, we’ll discuss what emotional distress is, how it’s proven in an Iowa personal injury case, and how compensation for emotional distress is calculated.
Table of Contents
What is Emotional Distress?
Emotional distress is a psychological reaction to a traumatic event such as a car accident, medical malpractice, slip and fall, or dog bite. It can range from mild to severe, and symptoms can include anxiety, depression, fear, anger, sleep disturbances, and post-traumatic stress disorder (PTSD).
Proving Emotional Distress in Iowa
Iowa has specific rules for proving emotional distress in a personal injury case. You must show that your emotional distress was caused by the defendant’s negligence and that it was severe enough to warrant compensation.
To prove emotional distress, you’ll need to provide evidence that:
- The defendant’s actions caused your emotional distress
- You suffered significant emotional distress as a result
- Your emotional distress is not a pre-existing condition or related to other factors
Some of the evidence that can be used to support your emotional distress claim includes medical records, therapy sessions, and witness statements.
Calculating Compensation for Emotional Distress in Iowa
The amount of compensation you can receive for emotional distress in an Iowa personal injury case will depend on the severity and duration of your emotional distress.
There are two types of damages that you can recover in a personal injury case: economic and non-economic damages.
Economic damages are losses that have an actual dollar value such as medical bills, lost wages, and property damage. Non-economic damages, on the other hand, are intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
Since emotional distress is a non-economic damage, it’s harder to calculate the amount of compensation you can receive. However, there are some factors that can influence the amount of compensation such as the severity and duration of your emotional distress, the impact it had on your daily life, and the treatments you received to help you cope with it.
Conclusion
If you’ve suffered emotional distress as the result of a personal injury accident in Iowa, you may be entitled to compensation. However, proving emotional distress in an Iowa personal injury case can be challenging, and it’s recommended that you seek advice from an experienced personal injury attorney.
An attorney can help you gather the necessary evidence and build a strong case for compensation for your emotional distress. Additionally, an attorney can help you negotiate a fair settlement with the insurance company or represent you in court if necessary.