Sustaining an injury due to someone else’s negligence can be a traumatic experience. Not only do you have to deal with physical pain and suffering, but you may also experience emotional distress. Emotional distress can refer to mental anguish, anxiety, depression, fear, and a range of other psychological symptoms that can impact your quality of life. If you’re in Oregon, you may be wondering whether you can receive compensation for emotional distress as part of a personal injury case. Let’s explore this topic in more detail.
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What is Emotional Distress?
Emotional distress can take many forms, but it generally refers to the negative psychological impact an injury can have on an individual. If you’ve been in an accident, you may experience a range of emotional symptoms, such as:
- Anxiety or fear
- Depression or sadness
- PTSD or flashbacks
- Feelings of anger or frustration
- Sleep disturbances
- Reduced enjoyment of life
- Social withdrawal
It’s important to note that emotional distress isn’t just limited to the immediate aftermath of an accident. In some cases, it can linger for years after the incident occurred.
Types of Emotional Distress Damages
If you’re considering pursuing a personal injury case in Oregon, it’s important to understand the different types of damages you may be entitled to. There are two main types of emotional distress damages: general damages and special damages.
General Damages
General damages are intangible losses that cannot be objectively measured, such as emotional distress. In Oregon, general damages can be awarded to compensate for the pain and suffering you’ve experienced as a result of the accident. This can include emotional distress, anxiety, and other psychological symptoms.
Special Damages
Special damages, on the other hand, are quantifiable financial losses that are a direct result of the accident. This can include medical bills, lost wages, and other out-of-pocket expenses that you’ve incurred as a result of the injury. While emotional distress isn’t typically considered a special damage, it can be included as part of a general damages award.
Proving Emotional Distress in Oregon
Proving emotional distress in a personal injury case can be challenging, as it’s not a physical injury that can be easily measured. However, it’s not impossible – with the help of an experienced personal injury attorney, you may be able to build a strong case for emotional distress damages. Here are a few things that can help your case:
Medical Records
Medical records can be a crucial piece of evidence in proving emotional distress in a personal injury case. If you’ve sought treatment for emotional distress, your medical records can provide important information about your symptoms, diagnosis, and treatment plan.
Expert Testimony
An expert witness, such as a psychiatrist or psychologist, can help bolster your case by providing testimony about your emotional distress and the impact it’s had on your life.
Other Evidence
Other types of evidence, such as witness testimony and your own personal account of your emotional distress, can also be helpful in proving your case.
Conclusion
If you’ve been injured in Oregon and are experiencing emotional distress as a result, you may be entitled to compensation as part of a personal injury case. While proving emotional distress can be challenging, it’s not impossible with the help of an experienced attorney. If you’re considering pursuing a personal injury case, it’s important to work with an attorney who can help you navigate the legal process and advocate for your rights. With the right approach, you may be able to recover damages that can help you move forward from the accident and begin to heal.