When you think about personal injury cases, physical injuries like burns, broken bones, lacerations, and muscle pain come to mind. Indeed, these are all examples of injuries that could result in a client receiving monetary damages. Of course, not all injuries are purely physical. Some injuries are less tangible but can affect a person’s well-being just as much as physical injuries. In the legal field, we often refer to these injuries as emotional distress, mental anguish, or pain and suffering, and they are considered compensable injuries in many cases.
With advice and representation from an experienced personal injury lawyer, you may be able to recover monetary damages for your emotional distress. Here’s more about emotional distress and your legal options for recovering damages for these types of injuries:
What is Emotional Distress?
If you have suffered any type of loss or injury due to someone else’s actions or negligence, you may also be able to pursue non-economic damages related to emotional distress. Any of the following injuries could constitute emotional distress:
- Mental Suffering
- Anguish
- Psychological Trauma
- Loss of Enjoyment of Life
- Reduced Quality of Life
- Anxiety, Depression, and Grief
- Horror
- Humiliation
- Experiencing Negative Emotions
- Post Traumatic Stress Disorder and Other Mental Health Issues
It is important to note that you can recover damages for emotional distress that occurs in the past and in the future. If an emotional injury case will cause you continued distress and require ongoing treatment, you may be able to recover a larger amount to compensate you for your future suffering.
Providing Evidence of Emotional Distress
If you hope to receive damages for emotional distress, you will need to provide evidence of this distress and its negative impact on your life. This can be difficult, as it usually requires ongoing mental health care and the testimony of mental healthcare experts. After you are injured, it is important that you speak to an attorney and begin receiving treatment for any mental health issues as soon as possible. Because the statute of limitations on personal injury cases is usually two years, you will need to gather your evidence and file your lawsuit within this timeframe.
In addition to your medical records and the testimony of your healthcare providers, your testimony and your loved ones can also serve as evidence. For example, if your spouse and children have noticed a change in your personality after the accident, it could be evidence that you lost some enjoyment of your life or that your quality of life has been reduced. Perhaps you had a hobby that you enjoyed tremendously that you no longer participate in since your accident, for example. In cases like these, the people closest to you will be able to testify to the change.
Can You Sue Solely for Emotional Distress?
In most cases, suing for emotional distress is part of a larger personal injury case. Many people injured due to negligence will also sue for the emotional distress they received from that injury. However, in some limited circumstances, you may be able to receive damages for emotional distress without being physically injured.
For example, a woman who lost her husband due to another person’s negligence may have endured a great deal of emotional distress related to that loss and will likely continue to suffer for many years to come. This is one example, but emotional distress can often come as the result of stalking, harassment, vandalism, and other situations that do not involve a physical injury to the client.
If you believe you have experienced emotional distress related to an injury or other situation, you may be entitled to compensation to cover your mental health care, missed time at work, and continued suffering. The best thing to do is speak with an attorney about your case.
At Malamut Law, our New Jersey attorneys deal with a range of cases, including personal injury and emotional distress. We will be happy to evaluate your case at no cost to you. Get in touch with us today by calling (856) 424-1808 or by filling out our online contact form to request your free consultation with a personal injury lawyer in Newark, NJ, or anywhere else nearby.