When we think about personal injury lawsuits, we often envision physical injuries such as broken bones from a car accident or slip and fall. However, many times, victims of these accidents suffer from emotional distress that can be just as debilitating as physical injuries.
In this article, we will explore the question of whether one can recover damages for emotional distress in a personal injury lawsuit.
Table of Contents
What is Emotional Distress?
Emotional distress, also known as mental anguish, is a term used to describe the negative impact that an accident or injury can have on a person’s mental and emotional well-being. This type of distress can manifest in many forms, including anxiety, depression, fear, anger, shame, and guilt.
Injuries that can cause emotional distress include car accidents, slip and falls, medical malpractice, workplace accidents, and more. The distress can stem from physical injuries, such as chronic pain or disfigurement, or from the trauma of the accident itself.
Types of Emotional Distress
There are two types of emotional distress claims: negligent and intentional infliction of emotional distress.
- Negligent infliction of emotional distress: This type of claim arises when someone acts negligently, and that negligence causes emotional distress to the victim. For example, a person may suffer emotional distress after witnessing a loved one being injured in a car accident caused by a negligent driver.
- Intentional infliction of emotional distress: This type of claim arises when someone intentionally causes emotional distress to another person. For example, if someone engages in bullying or harassment that causes emotional distress to the victim.
Recovery of Damages for Emotional Distress
In a personal injury lawsuit, a victim can recover damages for emotional distress under certain circumstances. However, it is important to note that in order to recover damages, the emotional distress must be severe and the result of the accident.
Negligent Infliction of Emotional Distress
To recover damages for negligent infliction of emotional distress, the victim must show that:
- The defendant owed the victim a duty of care;
- The defendant breached that duty of care;
- The breach caused the victim’s injuries, including emotional distress;
- The emotional distress was severe and resulted from the breach.
Intentional Infliction of Emotional Distress
To recover damages for intentional infliction of emotional distress, the victim must show that:
- The defendant intentionally engaged in conduct that was extreme and outrageous;
- The conduct caused the victim emotional distress; and
- The victim’s emotional distress was severe and resulted from the conduct.
How Damages are Calculated
If a victim can prove emotional distress, damages can be awarded to cover the costs of treatment and therapy. The amount of damages awarded will depend on the severity of the victim’s emotional distress and the impact it has on their life.
Factors that can influence the amount of damages awarded include:
- The severity of the emotional distress;
- The degree of trauma suffered by the victim;
- The duration and persistence of the emotional distress;
- The victim’s age and life circumstances;
- The victim’s capacity to manage their emotions and cope with stress;
- The availability and cost of medical treatment and counseling.
Conclusion
In conclusion, emotional distress is a real and serious consequence of many personal injury accidents. Victims who suffer emotional distress as a result of another party’s negligence or intentional actions can pursue damages to help them recover and move on with their lives.
If you or a loved one has suffered emotional distress as a result of an accident or injury, it is important to speak with an experienced personal injury lawyer who can help assess your case and determine your options for recovery.