When someone suffers a physical injury in an accident, it’s clear to see the effects of that injury, but what about the emotional impact that comes along with it? Emotional distress is a real and valid consequence of personal injury accidents in Montana, and luckily, it’s possible to recover damages for it.
In this article, we’ll discuss what emotional distress is, what types of emotional distress can be compensated for in Montana, and how you can go about recovering damages for it in a personal injury case.
Table of Contents
What Is Emotional Distress?
Emotional distress, also known as mental anguish, refers to the psychological pain and suffering that a person may experience as a result of another’s wrongful conduct. It can be caused by a wide range of circumstances, including personal injury accidents.
Emotional distress can manifest in many different ways. Some common symptoms include anxiety, depression, insomnia, fear, and post-traumatic stress disorder (PTSD). These symptoms can lead to a decrease in the person’s quality of life, difficulty working or functioning in daily life, and a general sense of distress that can linger long after the physical injuries have healed.
Types of Emotional Distress that Can Be Compensated for in Montana
Montana recognizes two types of emotional distress that can be compensated for in personal injury cases:
Negligent Infliction of Emotional Distress (NIED)
Negligent infliction of emotional distress (NIED) occurs when a person suffers emotional distress as a result of witnessing a traumatic event or accident. For example, if a witness to a car accident suffers emotional distress after seeing the injuries of their loved one, they may be able to recover damages for NIED.
To recover damages for NIED, the plaintiff must show that they suffered serious emotional distress as a result of witnessing the traumatic event, and that the defendant’s conduct was the cause of that emotional distress.
Intentional Infliction of Emotional Distress (IIED)
Intentional infliction of emotional distress (IIED) occurs when a person intentionally causes emotional distress to another through extreme and outrageous conduct. This can include behavior such as making threats, physical assault, or engaging in extreme bullying or harassment.
To recover damages for IIED, the plaintiff must show that the defendant’s conduct was extreme and outrageous, and that it caused them to suffer severe emotional distress.
Proving Emotional Distress in Montana Personal Injury Cases
Proving emotional distress can be challenging, as it is a subjective and often intangible condition. However, there are several ways in which a plaintiff can provide evidence to support their claim for emotional distress damages in a Montana personal injury case.
Medical Evidence
Medical evidence can be an important tool in demonstrating emotional distress. A plaintiff may present medical records, psychiatric evaluations, or testimony from mental health professionals to show the extent and severity of their emotional distress.
Witness Testimony
Witness testimony can also help to demonstrate emotional distress. Friends, family members, or coworkers who have witnessed the plaintiff’s emotional state following the accident can provide valuable testimony about the plaintiff’s condition and how it has affected their life.
Expert Testimony
Expert testimony can be particularly useful in cases where emotional distress is a significant issue. Mental health professionals, such as psychologists or psychiatrists, can provide expert testimony about the plaintiff’s condition and how it was caused by the defendant’s conduct.
Recovering Damages for Emotional Distress in Montana Personal Injury Cases
If you have suffered emotional distress as a result of a personal injury accident in Montana, you may be able to recover damages for it. Damages for emotional distress can be awarded in addition to compensatory damages for medical expenses, lost wages, and other costs associated with the accident.
The amount of damages that can be awarded for emotional distress will vary depending on the severity of the emotional distress, the duration of the plaintiff’s symptoms, and the impact that the emotional distress has had on the plaintiff’s life.
Conclusion
Emotional distress is a real and valid consequence of personal injury accidents in Montana. If you have suffered emotional distress as a result of a personal injury accident, you may be able to recover damages for it. By understanding the types of emotional distress that can be compensated for, and how to prove emotional distress in a personal injury case, you can work towards recovering the compensation you deserve.