When a person gets injured, it is common for them to experience emotional distress. Emotional distress is the mental suffering that a person goes through as a result of physical injuries caused by an accident, medical malpractice, or intentional harm. In New York, personal injury laws allow victims of such injuries to seek compensation for their emotional distress as well as their physical injuries. This article explores the impact of emotional distress damages on personal injury claims in New York.
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What is Emotional Distress?
Emotional distress is a broad term that encompasses various mental injuries a person may suffer from as a result of an accident. These injuries may include anxiety, depression, fear, humiliation, shock, and trauma. Unlike physical injuries, emotional distress is not always visible, and the impact it has on an individual’s life cannot be calculated in monetary terms.
Emotional distress often results from the experience of being hurt, seeing a loved one get hurt, or the fear of being hurt. In personal injury cases, emotional distress is usually linked to the physical injuries that the victim has suffered. For instance, a person who has experienced a traumatic brain injury may suffer from anxiety, anger, and depression.
Emotional Distress Damages in New York
New York’s personal injury laws permit an injured person to seek compensation for both their physical injuries and emotional distress. Emotional distress damages fall under a category of "non-economic" damages that may be awarded in personal injury cases. Non-economic damages are damages that cannot be directly measured in monetary terms like lost wages or medical expenses.
Unlike economic damages, where the amount of compensation can be calculated based on bills and receipts, non-economic damages are often harder to evaluate. The court must use various criteria to determine the amount of emotional distress damages to award in a personal injury case.
Types of Emotional Distress Damages Available in New York
In New York, a person may seek compensation for various types of emotional distress damages. These may include the following:
Pain and Suffering
Pain and suffering refer to the physical discomfort a person experiences as a result of their injuries. This type of emotional distress damages may cover a broad range of harms, including physical discomfort, inconvenience, and diminished quality of life.
Mental Anguish
Mental anguish refers to the emotional suffering a person experiences as a result of their injury. This type of emotional distress may include symptoms such as anxiety, depression, humiliation, social withdrawal, and sleep disturbances.
Loss of Enjoyment of Life
Loss of enjoyment of life refers to the adverse impact an injury can have on a person’s quality of life. This type of emotional distress damages may include the inability to participate in activities that were once enjoyable.
Factors Considered in Awarding Emotional Distress Damages in New York
In New York, the court considers various factors when determining the amount of emotional distress damages a person should receive. Some of these factors may include:
The severity of the physical injuries sustained
The degree of emotional distress one suffers is often related to the severity of the physical harm suffered.
The duration of the emotional distress suffered
The duration and frequency of the emotional distress will be taken into account, with the court usually favoring more extended periods of mental suffering.
The extent of medical treatment needed for the injury
Seeking medical treatment and prolonged therapy will often help to support one’s claim for emotional distress damages.
The victim’s age and overall health
A person’s age, health and life expectancy are often taken into account. Claims that go to a jury often have higher awards if elderly, young, or disabled parties are involved.
Limits on Emotional Distress Damages
Even though the court may award emotional distress damages, there are limits as to how much the compensation can be. Under New York law, there is no specific cap for emotional distress damages, but there are rules in place to ensure that the amount awarded is reasonable and proportionate to personal harm.
Conclusion
Emotional distress damages can play an essential part in helping victims of personal injury in New York recover from their injuries. When presented correctly, they can help provide compensation for the invisible mental suffering that a person experiences after a traumatic experience. With the help of experienced personal injury attorneys, victims can receive the financial support they need to recover from their emotional distress and get the treatment they require to heal.