Is it possible to claim compensation for emotional distress?

Defining emotional distress

This can be seen as either mental or psychological suffering that’s caused by a harmful or traumatic event. It can be a panic attack or anxiety, depression or sadness, PTSD, phobias, fear, sleep disturbances, loss of enjoyment of life, difficulties concentrating, mood swings and so on. Plus, emotional distress does appear alongside a physical injury, and that’s why it makes sense to address the problem in a way that’s cohesive, so you can solve the problem.

Is emotional distress legally recognized?

That’s the question, because it’s certainly a personal thing, and quite a bit difficult to recognize it from other people’s perspective. But yes, courts recognize it, and see it as a form of non-economic damage. It’s very hard to measure and subjective, so these claims are highly scrutinized, which is important to keep in mind.

Claiming compensation for emotional distress

That’s where things become a tad difficult. Sure, you can claim a compensation even if you were not physically harmed. But the claims are more challenging and here’s how you can prove it:

• You need to share psychological records or medical records
• Additionally, you need a diagnosis from a psychiatrist, psychologist or therapist
• Prescription records for depression or anxiety medication
• Testimonies from mental health experts
• Statements from co-workers, friends and family
• Evidence of any lifestyle changes

Clearly, you want to prove that you have emotional distress in any type of way. And since this is extremely subjective, you need to narrow down a way of dealing with that situation properly. Will you need a medical diagnosis? It’s not required, but it will strengthen your claim. That’s because you need documents from professionals which agree with the emotional distress you are having.

How much compensation can you get for emotional distress?

That will always depend, and it’s mainly because there is no formula involved. The compensation will depend on the symptom duration, severity, impact on the daily life, if the distress is permanent or temporary, if there are physical injuries, state laws, how powerful the supporting evidence is and other stuff of that nature. Addressing that is heavily important, and it will make it easier to determine how much compensation you should be getting in the first place.

Challenges when you pursue emotional distress claims

That’s the issue, these claims are hard to support with real evidence. And it becomes quite difficult to manage this type of stuff. That’s why it’s incredibly important to know what challenges you face, and how you can deal with those challenges, if possible.

• Subjectivity is important, because unlike a broken bone, emotional distress is not exactly something easy to quantify or show.
• Plus, insurance companies rarely agree to this stuff. They do want to show that the claimant has pre-existing conditions and symptoms which are unrelated to the incident, so that’s important to consider.
• Aside from these things, there are legal limits as well. Some states will have caps on the non-economic damages, and it’s just harder to create a legal spectrum on something that’s difficult to quantify.

Should you hire a lawyer if you have an emotional distress situation?

Of course, hiring the best personal injury lawyer in San Luis Obispo for your case is a great idea, and it could help you get past the problem. Lawyers will know how to handle the situation, and ensure that everything is managed in a way that’s appropriate and very professional. It makes it much easier to gather and present evidence, handle any insurance negotiations, while also ensuring compliance with the legal deadlines. Most lawyers also offer a free consultation, so it comes down to finding the right people to work with.

Another thing to note here is that emotional distress can be similar to pain and suffering cases, but it’s not the same thing. Pain and suffering involve emotional distress and also physical pain. On the other hand, emotional distress only covers psychological harm. So yes, there is a connection, but these are not the same thing.

Conclusion

The important thing to keep in mind is that emotional distress can be something you are claiming compensation for. However, filing a claim and making it successful can be difficult. You really need to prove that you are dealing with this problem, and that is not going to be that easy. But there were cases when people filed for a claim and they were able to make it a success. It’s definitely not a walk in the park, but it’s certainly a claim you can make, if you have ways to back it up.