An injury or accident claim can be complicated, and there are many factors that must be considered when filing a claim. One of the most important components of a claim is emotional distress. It is important to understand what qualifies as emotional distress in order to maximize the potential recovery for your injuries. Let’s take a look at what emotional distress is and how it can affect an injury claim.
What Is Emotional Distress?
Emotional distress is defined as mental anguish caused by another person’s actions or negligence. This can include physical pain, humiliation, embarrassment, stress, fear, shock or even depression. It is important to note that just because someone has been physically injured does not mean they automatically qualify for emotional distress damages; the plaintiff must prove that their emotional suffering was directly caused by the defendant’s negligence.
How Does Emotional Distress Affect Injury Claims?
When filing an injury claim, it is important to consider both physical and emotional damages that have been incurred as a result of the injury. Physical damages refer to medical bills, lost wages due to time away from work, rehabilitation costs, etc., while emotional damages refer to psychological trauma such as anxiety or depression caused by the incident. If you are able to prove your case in court, then you may be awarded damages for both physical and emotional distress.
It can be difficult to quantify these intangible losses due to their subjective nature; however, with the help of a qualified attorney you can prove that you have suffered emotionally due to your injury or accident and therefore should receive compensation for those damages as well as any other associated costs. Your lawyer will also help you calculate how much money should be requested in compensation for your losses from the negligent party responsible for causing your injuries.
Final Thoughts
In conclusion, understanding what qualifies as emotional distress when filing an injury claim is essential if you want to receive full compensation for your losses. Emotional distress refers to mental anguish caused by another person’s actions or negligence. The amount of compensation received for these intangible losses depends on how well you are able to prove them in court with assistance from an experienced lawyer who specializes in personal injury cases involving claims related to emotional distress. With their help and expertise on your side, you can make sure that all of your losses—both physical and psychological—are taken into account when determining appropriate compensation amounts during settlement negotiations or at trial.
