When you’re injured in an accident, the physical damage is often just one part of the story. Emotional distress can be just as debilitating, affecting your mental health, daily life, and overall well-being. In personal injury claims, emotional distress damages are an important component of compensation, but they can be complex to prove and quantify. Understanding your rights regarding emotional distress damages can help ensure that you receive the full compensation you deserve.
What Are Emotional Distress Damages?
Emotional distress damages compensate victims for the psychological impact of an injury. These damages cover a range of mental and emotional struggles that arise due to an accident, including:
- Anxiety and Depression: Persistent fear, sadness, or nervousness caused by the trauma of the accident.
- Post-Traumatic Stress Disorder (PTSD): Symptoms like flashbacks, nightmares, and heightened anxiety due to the accident.
- Insomnia or Sleep Disorders: Difficulty sleeping or recurring nightmares related to the incident.
- Loss of Enjoyment of Life: When emotional distress prevents you from engaging in activities you once loved.
- Humiliation or Embarrassment: Especially in cases involving disfigurement or injuries that impact self-confidence.
How Emotional Distress Damages Are Calculated
Unlike medical expenses or lost wages, emotional distress damages do not have a clear dollar value. Courts and insurance companies consider several factors when determining compensation, including:
- Severity of Emotional Impact: The greater the psychological harm, the higher the potential compensation.
- Medical and Psychological Treatment: Therapy, counseling, and medication expenses can support claims for emotional distress.
- Physical Injuries: If emotional distress is accompanied by severe physical injuries, the case for damages becomes stronger.
- Impact on Daily Life: The more an injury affects work, relationships, and daily activities, the higher the potential damages.
- Expert Testimony: Mental health professionals can provide insight into the extent of emotional distress.
Proving Emotional Distress in a Personal Injury Case
To successfully claim emotional distress damages, strong evidence is necessary. Some key pieces of evidence include:
- Medical and Therapy Records: Documentation from doctors, psychologists, or therapists showing the emotional impact of the accident.
- Personal Testimonies: Written accounts of how the injury has affected daily life, sleep patterns, and mental health.
- Witness Statements: Friends, family, or coworkers can provide testimonies on behavioral changes and emotional struggles.
- Expert Evaluations: Psychologists or psychiatrists can provide professional assessments of emotional trauma.
The Role of Insurance Companies in Emotional Distress Claims
Insurance companies often challenge emotional distress claims because they lack tangible proof like medical bills or repair costs. Some common tactics used to minimize compensation include:
- Questioning the Severity of Emotional Impact: Insurers may argue that emotional distress is exaggerated or unrelated to the accident.
- Requesting Extensive Medical Proof: Adjusters may demand years of medical history to find pre-existing conditions to reduce payouts.
- Offering Low Settlements Quickly: Some insurers propose early settlements before the full extent of emotional distress is known.
Because of these challenges, working with an experienced personal injury attorney is crucial when seeking compensation for emotional distress.
How Dermer Law Can Help with Emotional Distress Claims
At Dermer Law, we understand that personal injury cases are about more than just physical harm—they’re about the emotional toll as well. Our team will fight to ensure that your emotional distress is recognized and fairly compensated.
Why Choose Dermer Law?
- Experienced Legal Team: Our attorneys, including Jay Dermer and Maxwell Shrem, have years of experience handling complex personal injury cases.
- Client-Focused Approach: At Dermer Law, we believe in treating clients as individuals, not just cases.
- Proven Track Record: We’ve successfully secured compensation for clients suffering from both physical and emotional injuries.
- Aggressive Representation: We stand up to insurance companies and ensure they don’t undervalue your emotional distress claim.
Don’t Face Emotional Distress Alone—We’re Here to Help
If you’re experiencing emotional distress due to an accident, you don’t have to suffer in silence. Contact Dermer Law for a free consultation to discuss your case. We’ll help you navigate the legal process and fight for the compensation you deserve.
