Compensation for Emotional Distress

Are You Entitled to Compensation for Emotional Distress?

There are various types of injury compensation awarded after an accident. Some accident victims are surprised to learn they may be entitle to compensation for emotional distress resulting from a negligent accident.

With compensatory damages, you will have economic and non-economic losses. Economic losses are those that you can compute easily because they consist of payments made by yourself, family members, or insurance companies in regards to the accident.

Non-economic losses, however, are those that are estimated based on the severity of your accident and how it has impacted your quality of life. One normal non-economic damage requested is emotional distress.

Vehicle Accidents are Inherently Stressful

Per the National Center for PTSD, motor vehicle accidents is a common cause of traumatic stress. In fact, one study found that car accidents were the most frequently experienced form of trauma for men and the second most experienced for women.

Motor vehicle accidents are associated with post-traumatic stress, depression, anxiety, and more. The Center estimates that nine percent of disaster survivors will encounter some form of PTSD, while 14 to 100 percent required mental health treatment afterward, and an average of 60 percent suffer from emotional trauma.

How to Receive Injury Compensation for Emotional Distress

Proving emotional distress is complex, and placing a dollar amount on your mental anguish is not easy. After all, you have costs (such as therapy and medication treatment), but you cannot put a price on how that emotional distress has affected your quality of life.

There are, however, ways to establish emotional distress and ensure you receive compensation for it.

5 Ways to Prove Your Emotional Distress

1. Intensity of the Injury Itself

When someone suffers from a severe injury in a motor vehicle accident, it is easier to understand why he or she would equally suffer from a form of emotional distress. For example, suffering from an amputation would inherently cause emotional distress for anyone.

2. Duration of Pain and Suffering

Severe injuries that have chronic pain and suffering are likely to cause emotional distress. Therefore, showing medical records, treatments, and having a medical professional testify as to how long you have suffered or will suffer in the future can help.

3. Psychological Records

When seeking compensation for emotional distress, a plaintiff typically receives treatment from a mental health professional. The diagnosis and records from that professional can be used in court to establish the emotional distress.

4. Testimony

An expert testimony, such as the treating mental health professional, can establish the extent of the plaintiff’s emotional distress and how long it is likely to continue.

5. Related Harm

Even after recovering from an injury, you may have residual injury, such as chronic migraines, ulcers, or other signs that prove you have encountered severe emotional distress.

Establishing emotional distress for injury compensation is not easy, but it can be done with the assistance of a personal injury attorney.

Schedule a consultation with an injury advocate at Thomas, Ferguson & Mullins today by calling 919-682-5648 or send a message online.