Emotional distress is a form of harm suffered by a person when they experience fear, worry, grief, anxiety, and any other form of psychological pain that arises as a result of injury or accident. In the state of Oregon, victims of injury accidents caused by other parties or entities can get compensation for emotional distress. However, emotional distress is different from physical injury, and as such, obtaining compensation for it can be a bit convoluted. This article will explore how emotional distress is compensated in Oregon personal injury cases.
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Legal Basis for Emotional Distress Claims
In Oregon, personal injury law states that any person who suffers emotional distress stemming from a physical injury, whether negligently or intentionally inflicted, is entitled to compensation. While it is relatively easy to identify physical injuries, it is more challenging to prove emotional distress, which is why you will often need a personal injury lawyer to help you navigate the process.
Demonstrating Emotional Distress
Proving emotional distress involves demonstrating that the victim’s particular circumstances were uniquely distressing and that the distress caused significant interference with their daily lives. Emotions are subjective and, as a result, can be complicated to prove in court. The court may request the assistance of experts in the field, like psychologists or psychiatrists, to weigh in on the extent of the victim’s emotional distress.
Types of Emotional Distress That Can Be Compensated
There are different types of emotional distress that can be compensated in Oregon personal injury cases, including:
Fear and Anxiety
Victims of an accident can develop fear and anxiety in the aftermath. This type of emotional distress can be caused by perceived harm, anticipatory symptoms, or worry about how their injuries might affect their future lives.
Insomnia
Insomnia is a condition that results from difficulty falling or staying asleep and may be a symptom of emotional distress. Victims of injury accidents may experience insomnia as a result of trauma.
Depression
Depression, which is characterized by feelings of sadness, hopeless, and despair, can result from an injury accident, especially if the injury is debilitating and has long-term effects.
Post-Traumatic Stress Disorder (PTSD)
PTSD results from experiencing or witnessing a traumatic event and can be a result of a personal injury accident. Victims of injury accidents may develop PTSD as a result of the trauma they experienced.
Compensation for Emotional Distress
Compensation for emotional distress is awarded differently than compensation for physical injuries. Unlike physical injuries, which have a tangible monetary value, emotional distress is harder to quantify. Courts may award compensation based on the nature and extent of the emotional distress experienced by the victim, the severity of the injuries, and how they have interfered with the victim’s daily life.
Additionally, the amount of compensation awarded may take into account the duration of the emotional distress, potential future effects, and any impact on the victim’s work, personal relationships, and mental health.
Conclusion
Emotional distress is a significant aspect of injury accidents that can have long-lasting effects on a victim’s life. In Oregon, victims of injury accidents caused by the negligence or intentional actions of others can get compensation for emotional distress. However, proving emotional distress is more difficult than proving a physical injury, as emotions are inherently subjective. It is advisable to seek the help of a personal injury lawyer to help navigate the complexities of the law and the legal proceedings.