Every year, a large number of personal injury cases are filed in the United States. However, only a small portion of these cases actually go to trial, as most are resolved through out-of-court settlements. Surprisingly, when people hear personal injury cases, their minds automatically picture broken bones and a mountain of hospital bills.
The legal system in personal injury cases encompasses far more than just hospital bills and medical expenses. Emotional losses, which are equally important, are also taken into consideration. So, can you sue someone for emotional distress?“ The answer is yes.
The psychological toll an injury takes is not that visible, but it still affects victims deeply and can cause permanent damage. Here are the types of emotional losses that are most common in personal injury claims.
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Pain and Suffering
This is the broadest and most frequently cited category in PI cases. Pain and suffering go beyond physical pain. It includes emotional distress that follows an injury. This can be:
- Depression
- Anxiety
- Insomnia
- Mood swings
- Or changed in personality
For example, you survive a car crash. While the physical injuries, like broken bones, may heal in a couple of months, you may continue feeling fearful and end up panicking every time you board a vehicle. This trauma is enough to warrant compensation for emotional loss.
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Loss of Enjoyment of Life
Some injuries totally strip away your ability to enjoy life like you once did. This is very devastating and frustrating. Such emotional loss is referred to as a diminished capacity to participate in activities that you once enjoyed and loved, such as playing with your children, exercising, hiking, or even going out with friends.
For example, imagine a marathon runner who suffers a back injury and may never be able to race again. Another example is a parent who suffers a traumatic brain injury. They might not be able to engage in a child’s life like they once did. These losses extend beyond physical limitations, as they impact your identity and emotional well-being.
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Emotional Distress
You may end up experiencing severe psychological symptoms after an accident, even if you feel okay at first. Emotional distress can take many forms, like nightmares, flashbacks, panic attacks, or constantly feeling uneasy. For instance, if a dog attacked you, you may find it hard to take a walk in your neighborhood for fear that it might happen again.
When filing a personal injury claim, evidence is required to support this kind of suffering, as the effects cannot be visibly seen, like injuries. Testimony from mental health professionals or evidence showing treatment you received, like therapy or medication, can help in calculating the settlement amount.
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Loss of Companionship
This is also referred to as loss of consortium. The injury might not only affect the victim but also impact the lives of their loved ones. Loss of companionship refers to the impact on a spousal relationship resulting from the injuries sustained. It can involve losing emotional support, physical intimacy, or the lack of ability to do some shared responsibilities like you once did.
One spouse may be forced to assume the sole responsibility of parenting while their partner recovers. Additionally, factors such as feeling physically close to the other person may be lost.
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Grief and Bereavement in Wrongful Death Cases
When someone loses a loved one because of another person’s negligence, the emotional pain becomes overwhelming. In wrongful death cases, surviving family members may be compensated for their sorrow, emotional suffering, and loss of guidance.
Even though no amount of money can fill the gap left by a sudden, avoidable death, acknowledging the emotional toll is a way to seek justice. In such cases, courts take into account the closeness of the relationship and the emotional dependence when assessing the degree of the loss.
Conclusion
Suppose you are dealing with a personal injury case. Do not ignore the emotional losses. Talk to a lawyer who will advocate for your physical and emotional healing.
