Emotional Distress Caused from Personal Injury
Personal injury accidents have various negative impacts on one, or sometimes all parties involved. Various types of accidents cause personal injury, including auto accidents, car accidents, truck accidents, motorcycle accidents, bicycle accidents, boat accidents, cruise ship accidents, theme park accidents, and pedestrian accidents. Unfortunately, all of these accidents potentially result in physical injuries. Physical injuries resulting from accidents include head injuries, back injuries, neck injuries, broken or fractured bones, bruising, cuts, burning, potential or complete loss of vision, potential or complete loss of hearing, and permanent disability. In addition to the detrimental physical effects of personal injury accidents, various components of emotional distress should be considered after an accident.
What are Emotional Distress Damages?
In a personal injury case, emotional distress damages are monetary damages to compensate you for the psychological impact your injury has on your daily routine. Various symptoms are classified under emotional distress, including fear, stress, anxiety, sleep loss, and trauma. Emotional distress classification is subjective, and impacts each person differently. If you are experiencing psychological changes after an accident, write them down with as much detail as possible. Some emotional distress damages are compensable, and an accurate record of emotional distress damages will help you when filing a claim.
Documenting Emotional Distress
It is recommended to document all of the emotional symptoms you are experiencing after an accident. If you wish to file a claim in the future, documentation of emotional distress will help you. Inform your doctor about any psychological symptoms you have experienced since the accident. Medically documented emotional distress is an efficient tool, when filing a lawsuit and filing claims with an insurance company. Keep a journal for yourself, detailing the ways your life has been affected since the accident. The more evidence of your emotional distress, the more powerful your claim will be.
The Severity of Your Emotional Distress
Many would agree that all parties involved in a personal injury accident experience some degree of emotional distress afterwards. The severity of your emotional distress have a direct relationship with your recovery. If you file a legal claim, it will be required to show how your emotion distress is ongoing, and affects the regular routine of your life. Additionally, you will be required to prove that your emotional distress is directly related to your physical injuries, caused by the defendant. It is easiest to be successful in a personal injury case when you have evidence, displaying that your emotional distress is a direct result of the accident.
Emotional Distress and Damage Caps
Depending on the state, many states have laws placing limits on how much you can be compensated, for non-monetary damages. You may find that emotional distress damages are not an option, depending on the extent of your injuries, and different laws surrounding the case.
Emotional distress is an unfortunate result of personal injury accidents. Physical injuries often times result in serious psychological distress. Picture a young adult who has been playing basketball since he was a child. After an accident, he is no longer able to play basketball due to his unhealthy psychological state. In addition to being prevented from playing his favorite sport, he loses friendships because he is not playing with his team anymore, and is doing poorly in school because he now has constant headaches. This example exemplifies how real and valid emotional distress is. If you become involved in a personal injury accident, or if you are experiencing emotional distress from an accident, contact a personal injury attorney to discuss the potential compensation you may be entitled to.
If you or someone you know has been injured as the result of an accident, don’t forget to call the Offices of Kanner & Pintaluga, P.A. by dialing 1-800-586-5555. If you live in Miami, Fort Lauderdale, Ocala, Orlando, Tallahassee, Gainesville, Palm Beach, Jacksonville, Fort Myers, Naples or any other city in Florida, The Law Offices of Kanner & Pintaluga, P.A. can help you get your life back on track if you’ve been injured after a car accident. Make sure to follow The Law Offices of Kanner & Pintaluga P.A. on Twitter (@KPAttorney) and Facebook.