How to Claim Emotional Distress in Injury Cases

When you suffer injuries in an accident caused by someone else’s negligence, the physical pain and suffering you endure is only part of the story. Many accident victims also experience significant emotional distress, such as anxiety, depression, fear, sleeplessness, and post-traumatic stress disorder (PTSD). Invisible injuries like these can devastate your quality of life, relationships, and ability to work just as severely as broken bones or lacerations.

The good news is that you can claim compensation for emotional distress and mental anguish damages in your personal injury case. Understanding how to document and present evidence of your emotional suffering is essential to recovering the total and fair compensation you deserve.

Emotional Distress Claims in Personal Injury Cases

Emotional distress is a non-economic damage that compensates accident victims for the psychological impact of their injuries. It falls under the broader category of “pain and suffering” damages, including physical pain, discomfort, inconvenience, and loss of enjoyment of life.

Some examples of situations that can result in emotional distress claims include:

• A car accident caused by a drunk or reckless driver
• A slip and fall in a poorly maintained store
• A dog bite or animal attack
• Medical malpractice
• Nursing home abuse or neglect

Additionally, in certain cases, emotional distress can be a standalone claim absent an injury if it meets one of the following definitions:

• Intentional infliction of emotional distress (IIED): This claim arises when someone intentionally or recklessly engages in extreme conduct that causes severe emotional distress. While rare in personal injury cases, IIED may apply if the at-fault party purposely caused the accident or engaged in egregious behavior like a hit-and-run.
• Negligent infliction of emotional distress (NIED): This is the more common type of emotional distress claim in personal injury cases. It arises when the at-fault party’s negligence causes emotional harm, even if they didn’t intend to do so. NEID is relatively rare in Tennessee, although there are some cases where a court will consider it absent an injury.

Proving Emotional Distress in Court

Demonstrating emotional injuries can be tricky, as there’s no visible wound or X-ray that can prove your mental state. Since insurance companies often doubt emotional distress claims, gathering compelling evidence of your distress from the start is crucial. This evidence might include:

• Psychological evaluations: If you’ve been diagnosed with anxiety, depression, PTSD, or another mental health condition by a doctor or therapist, their records can be powerful evidence of your emotional injuries. When you sue for emotional distress, mental health professionals can explain how a traumatic event or outrageous conduct affected your psyche.
• Witness statements: Testimony from friends, family members, coworkers, or other people who have observed changes in your behavior, mood, and activities since the accident can help illustrate the extent of your distress.
• Journal entries: Keep a daily journal detailing your emotions, fears, nightmares, panic attacks, and other psychological symptoms. The more specific you can be, the stronger your evidence of distress will be.

The key is to vividly describe how the accident has affected your emotional well-being. An experienced personal injury attorney can help gather and present this evidence persuasively to the insurance company or court.

Guidelines for Emotional Distress Compensation

Tennessee places a $750,000 cap on non-economic damages like emotional distress in most cases. According to TN Code § 29-39-102 the cap increases to $1 million in instances of catastrophic injury or loss.  In general, the more severe and long-lasting your emotional injuries, the higher your potential recovery. However, the insurance company will look for any reason to downplay your distress or argue that it’s unrelated to the accident. That’s why it’s important to work with an experienced attorney who can:

• Investigate the incident that led to your emotional distress
• Work with medical, financial, and vocational experts to put a dollar figure on the consequences of your emotional distress
• File claims with the liable parties and negotiate aggressively for fair compensation
• Take your case to court as necessary

Get Help Claiming Emotional Distress Damages

At Gatti, Keltner, Bienvenu & Montesi, PLC, we understand the profound toll an accident can take on your emotional health. You shouldn’t have to suffer in silence or bear the financial burden of treating your psychological injuries. Our compassionate Memphis personal injury lawyers are here to help you pursue the full compensation you deserve, including damages for emotional distress.

We offer free consultations to discuss your personal injury claim and explain your legal options. Call (901) 526-2126 or contact us online to speak with a member of our team before you file a personal injury lawsuit. You don’t pay anything unless we recover the maximum amount of money for you.

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