Some concepts of a personal injury case are cut and dry. For example, a victim usually knows that he or she can receive compensation for all medical expenses related to the physical injury if that person wins the case.
What the plaintiff may not know is that sometimes non-economic damages like emotional distress can count in such cases, and the circumstances that determine whether or not compensation is owed depend on each case.
What Constitutes Emotional Distress?
Emotional distress is a condition in which a person’s mind, emotions and mental health suffer. A variety of traumas can cause emotional distress, and the symptoms of such a condition may vary. A person suffering from emotional distress may experience anxiety, depression, guilt, worthlessness, stress and so on.
When Can a Victim Sue for Emotional Distress?
A person has the right to sue for emotional distress in a personal injury case if the accident caused undue emotional distress.
For example, a person who loses a family member in a wrongful death case because of medical malpractice could have the right to sue for emotional distress, in addition to economic damages like lost wages and funeral expenses.
Or someone who is in a car accident and loses a spouse may be entitled to compensation because of the emotional distress of losing a loved one. PTSD can occur in accident victims as well. That would be a legitimate cause of a distress claim in some cases.
How Can One Prove Emotional Distress?
Proving emotional distress is bit challenging, but it can be done.
First, supporting documents from a therapist or mental health provider can certainly help the situation. Second, testimonies from friends, family member and co-workers can most likely attest to the distress. Anyone who can discuss the victim’s change in behavior and provide supporting information about that person being in distress will add to the case.
Florida’s Impact Rule and Emotional Distress
Different states have various laws governing compensation for emotional distress. The state of Florida, for instance, has a rule that was set in place in the late 1800s for the sole purpose of defining when a person could request compensation for emotional distress. This rule states that the sufferer must endure a physical injury from the incident, and that the physical incident must be the direct cause of the emotional distress.
This rule can have an adverse effect on people who are trying to claim personal injury compensation for straight distress cases. For example, suppose a medical professional diagnoses someone with a mental illness that he or she does not have, and the medications that the person takes cause severe negative emotional side effects. There is no physical impact in that situation, but medical neglect could certainly play a part in the case.
For this reason and other, personal injury plaintiffs should speak with a reputable attorney about his or her actions regarding such matters. There may still be a way for such a person to receive compensation despite this law.
Fortunately, many states are abandoning this law and granting people settlements for emotional distress because of the seriousness of the case. An injured person will not know the outcome until consulting with an attorney who has extensive legal knowledge and experience.
You Have a Right to Ask
If you or a loved one have experienced severe emotional distress due to an incident caused by negligence, you have right to contact an injury attorney. In most law firms, you can schedule a consultation and there will be no charge to you unless the attorney wins the case for you. There’s no risk involved, so you will be doing yourself justice.
