What is Emotional Distress in a Personal Injury Case?
Being injured causes emotional stress and mental anguish in addition to the physical pain. As you recover from an injury, it is common to experience depression, stress, anxiety, and other powerful emotions. Worrying about your job, your family, medical bills, and other things can become overwhelming.
Emotional distress is different for each person. Each person experiences things in a different way; therefore, what distresses one person may not be distressing to another person. Examples of conditions that may fall under the category of emotional distress include but are not limited to:
- Some forms of depression
- Fear and anxiety
- Sleep problems
- Eating problems
- Prolonged periods of crying
- Humiliation
- Stress
Louisiana personal injury laws allow accident victims to receive compensation for your emotional distress when another party causes your injury.
Proving Emotional Distress
Because emotional distress is different for each person and because emotional distress may not have any physical symptoms, it can be difficult to prove emotional distress. One thing you can do to help your attorney establish your claim for emotional distress is keep a journal during your recovery. Note the level of pain you experience each day, your emotions, any activities you cannot perform, any treatment or medication you receive for emotional distress.
For most people, the emotional distress did not begin until the accident and it is an ongoing condition. By keeping a journal detailing your emotional state after the accident, you provide your personal injury attorney the information needed to convince an insurance adjusters or jury that your emotional distress is a valid injury that resulted from the accident. Had it not been for the accident, you would not have suffered this way; therefore, the person who caused your accident should be required to compensate you for these damages.
Damages for Emotional Distress
The severity of your emotional distress, your physical injuries, and the facts surrounding your accident are all factors in calculating the value of your emotional distress damages. Your attorney will discuss whether your conditions rise to the level of emotional distress in order to receive financial compensation for this type of accident damage. Emotional distress is a real injury that results from an accident.
For More Information About Emotional Distress Damages in a Personal Injury Case, Talk To An Attorney At The Olinde Firm
Contact our office to schedule a free consultation with an experienced New Orleans personal injury attorney. Call (504) 587-1440 or 1-800-587-1889 now to speak with a representative. We do not charge for a case evaluation and, in most personal injury cases, you do not pay any attorney fees until and unless we win a settlement or verdict on your behalf.
Do not allow an insurance company to convince you that you are not entitled to damages for your emotional distress from an accident. Physical injuries can result in severe psychological conditions that require medical treatment. You deserve to be compensated for this just as you deserve to be compensated for your physical injuries and property damage. Schedule your free consultation today to make an informed decision moving forward.