Emotional distress is a significant component of catastrophic personal injury cases. It represents the psychological impact of an accident or injury as well as the range of emotional and mental trauma a person may experience. This may include anxiety, depression, and post-traumatic stress disorder (PTSD), which can profoundly affect a victim’s daily activities and overall quality of life. Securing a personal injury attorney with experience proving emotional distress is crucial to capturing maximum victim compensation.
Types of Emotional Distress
Emotional distress can manifest in multiple ways following a catastrophic event or injury, including the following.
- Anxiety and Panic Attacks
Major accidents can lead to persistent anxiety and panic attacks, affecting daily routines and general well-being. For example, victims may experience a fear of driving in general or a fear of having another accident.
- Depression
The impact of catastrophic injuries on a person’s life often results in depression, hopelessness, and irritability. This emotional state can be exacerbated by physical pain and concerns about financial stability7.
- PTSD
A variety of events can trigger Post-Traumatic Stress Syndrome and vary significantly from person to person. Some indicators of PTSD include extreme anxiety, flashbacks, nightmares, insomnia, and severe emotional distress long after the incident. PTSD can be highly disruptive to a person’s life and well-being, mainly due to the unpredictability of the condition.
- Loss of Enjoyment of Life
Sometimes, victims experiencing emotional distress may not be able to participate in activities they once enjoyed, experiencing a diminished quality of life that can severely affect relationships with friends and loved ones.
- Social Isolation
Emotional distress can lead to withdrawal from group-based professional responsibilities and social interactions, leading to strained relationships in both personal and work settings.
Legal Implications of Emotional Distress in a Personal Injury Case
Proving emotional distress requires substantial evidence in personal injury cases. This can include medical records, psychological evaluations, and personal testimonies. Additionally, the severity of emotional distress can impact the compensation awarded; among other factors, courts typically weigh how emotional distress affects the victim’s daily life and relationships.
Legal representation by a skilled personal injury attorney with specific experience in emotional distress is crucial to navigating these types of cases. Meticulous legal expertise is often the key to achieving fair, maximum compensation for physical and emotional damages.
Emotional Distress Stemming from a Catastrophic Car Accident: A Hypothetical Example
On her way home from a weekend backpacking excursion, Jamie was involved in a head-on accident with a drunk driver, causing her car to roll over down an embankment. The driver of the other vehicle did not survive. Although Jamie fully recovered physically from the multiple broken bones and lacerations she received, within a few weeks of the accident, she began experiencing extreme anxiety that developed into full-blown panic attacks at the thought of operating a vehicle or even riding as a passenger. Jamie also developed insomnia, something she had never experienced or sought treatment for before the accident. Jamie was forced to withdraw from long-cherished hobbies and activities, like backpacking, that required her to use a car to get to. Jamie’s professional life also suffered. Due to the cumulative toll of both insomnia and anxiety, her job performance plummeted, and she was asked to step down from a critical committee role. Jamie developed depression and feelings of hopelessness that she would never truly heal, which impacted her relationships with friends and loved ones.
In a situation such as Jamie’s, a skilled personal injury attorney could pursue compensation for Jamie’s emotional distress as a component of her personal injury claim. Since Jamie immediately sought out professional mental health support and had been under the care of a psychiatrist since the accident, her medical records documented the anxiety and panic attacks and the medication she has been using to combat them. Her attorney could also rely on personal statements from friends, co-workers, and loved ones.
Skilled and Affordable Legal Help is Available
Eason & Tambornini’s personal injury attorneys have a combined total of over 100 years of legal experience. We aggressively fight for maximum, fair compensation for injuries and losses for every client we serve.
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It only takes one phone call to schedule a free, no-risk consultation with one of our Stockton personal injury attorneys to discuss the facts of your case. We accept cases on a contingency basis only, which means you pay nothing until you win a settlement.
You can schedule a free consultation today by calling Eason & Tambornini at (209) 323-5126.
