When most people think of a personal injury claim, they picture physical harm, such as broken bones, whiplash, or other visible wounds caused by an accident. But injuries aren’t always physical. The law also recognizes that accidents can leave lasting emotional and psychological scars, even when there is no outward damage. Victims often suffer anxiety, depression, post-traumatic stress, or a loss of enjoyment of life after a serious accident. These effects can be just as real and debilitating as a physical injury, and in many cases, they are compensable under personal injury law.
You need an experienced Fort Lauderdale personal injury attorney who can fight for you to obtain compensation for all of the effects of the accident. They can help quantify your economic and non-economic damages. After they have filed a claim or lawsuit on your behalf, they can fight for you to get full compensation, whether it is through negotiation or filing a lawsuit on your behalf. Call the experienced personal injury attorneys at Englander Peebles to learn more about how you can be compensated for someone else’s negligent actions.
Key Takeaways
- The effects of your personal injury are far more than just the physical manifestations that you may be experiencing. Your emotions could have been impacted by the accident in a lasting way.
- Emotional distress is part and parcel of your case if you have suffered a primary physical injury
- There are limited circumstances that allow you to recover for emotional distress damages, even if you have not suffered a personal injury
- You must be proactive about seeking treatment and sticking with it, so you have documentation of your emotional distress
- Speak to a personal injury lawyer to learn more about your legal rights and what compensation you may be eligible for in your case
What Is Emotional Distress?
Emotional distress refers to the psychological impact a person experiences as a result of a traumatic event, such as a car accident, workplace injury, or personal injury caused by another party’s negligence. Unlike physical injuries, emotional distress affects the mind and emotions, but its effects can be just as debilitating. Symptoms may include anxiety, depression, insomnia, mood swings, loss of appetite, or a general sense of fear or unease. In severe cases, emotional distress can interfere with daily life, making it difficult to work, maintain relationships, or perform normal activities.
In legal contexts, emotional distress is often recognized as a compensable harm. This means that if another party’s actions caused your psychological suffering, you may be entitled to damages in addition to compensation for physical injuries. Emotional distress can result from direct trauma, such as being in a serious car accident, or from witnessing a traumatic event, like a violent crime.
Common Personal Injury Cases That Involve Emotional Distress
Common types of personal injury cases involving emotional distress typically arise when someone suffers psychological harm due to another party’s negligence or intentional misconduct. One frequent example is car accidents, where victims may experience anxiety, post-traumatic stress, or fear of driving again, even if physical injuries are minor. Workplace accidents and occupational hazards can also lead to emotional distress, particularly if the incident results in long-term disability, harassment, or unsafe working conditions.
Medical malpractice is another area where emotional distress often occurs. Patients may develop anxiety, depression, or trauma after surgical errors, misdiagnoses, or birth injuries. Similarly, assaults, harassment, or stalking cases frequently involve claims for emotional distress, as victims endure fear, humiliation, or ongoing psychological effects.
Other common situations include slip-and-fall accidents in public spaces, where victims may develop a fear of leaving home, and wrongful death cases, where surviving family members experience grief and emotional suffering.
How Emotional Distress Is a Part of Your Personal Injury Case
Emotional distress is an often-overlooked but significant component of many personal injury cases. While physical injuries such as broken bones, cuts, or burns are easier to quantify and document, the psychological impact of an accident or incident can be equally damaging. Emotional distress refers to the mental and emotional suffering that results from someone else’s negligence or intentional actions. It can include anxiety, depression, sleep disturbances, fear, or post-traumatic stress disorder (PTSD). These effects may persist long after the physical injuries have healed, interfering with work, relationships, and daily activities.
In a personal injury case, emotional distress is considered a type of compensable damage. This means that victims can seek financial compensation for the psychological harm they have endured. For example, someone involved in a serious car accident may experience ongoing anxiety or panic attacks whenever they drive or are a passenger. A person injured in a workplace accident may struggle with depression or fear returning to work. Even cases without significant physical injuries—such as harassment, assault, or witnessing a traumatic event—can give rise to emotional distress claims.
Emotional Distress Can Be an Independent Ground for a Lawsuit Under Some Circumstances
Emotional distress is part of your personal injury claim, but it usually must go along with a physical injury that you have suffered for it to be compensable. It is very difficult to qualify for damages for emotional distress alone if you have not suffered any type of physical injury. However, even if you have suffered some minor type of physical injury, you can also seek all of your non-economic damages, including emotional distress.
There is a limited exception in many states that can allow you to pursue emotional distress damages even if you have not been physically injured. You may be able to seek emotional distress damages if you were a bystander in a serious accident. However, this exception often means that you must also have seen something extremely traumatic, which is usually the death of or serious injury to a close loved one. This exception is relatively uncommon, but it can allow you to be compensated for emotional distress when you were not hurt yourself.
You may also be able to seek compensation for negligent infliction of emotional distress. Under Florida law, you must prove each of the following elements to win this type of case:
- You were within the zone of physical danger created by the defendant’s negligence.
- You reasonably feared for their own safety.
- The emotional distress you suffered was severe and reasonable under the circumstances.
Some examples of being in the zone of danger and legally qualifying for emotional distress damages include the following scenarios:
- You were standing on a sidewalk when a car jumped the curb and almost struck you
- You were in close proximity of a building that collapsed, and you narrowly avoided harm
- You escaped from a building that caught fire due to someone else’s negligence
There are some limitations on your ability to seek compensation for zone of danger emotional distress claims under Florida law:
- You must have been at actual risk of harm, as opposed to fearing for your safety from a distance
- Your emotional distress must be serious and verifiable; simple worry or upset is insufficient
- Your claim is subject to strict causation standards, meaning the defendant’s negligence must be the proximate cause of the distress
Proving Emotional Distress in a Personal Injury Case
Proving emotional distress in a personal injury case can be challenging because it is not a physical injury that can be easily measured. However, with careful documentation and professional support, it is possible to demonstrate the severity and impact of your psychological suffering. The first step is to seek medical attention from a qualified mental health professional. Psychologists, psychiatrists, and licensed therapists can provide formal evaluations, diagnoses, and treatment plans that serve as credible evidence in your claim. Treatment notes, therapy records, and medication prescriptions can all help establish the existence and seriousness of emotional distress.
Personal documentation is also important. Keeping a detailed journal of your symptoms, mood changes, and daily challenges can illustrate how the emotional distress affects your life over time. Testimony from friends, family members, or coworkers can provide additional support, describing changes they have observed in your behavior, emotional state, or ability to function normally.
In addition, emotional distress is often tied to tangible consequences such as missed work, lost income, or disruption in personal relationships. Collecting evidence of these impacts, including pay stubs, correspondence, or statements from supervisors, can help you quantify the harm.
The insurance company is likely going to challenge your emotional distress case in any way that they can. When you are dealing with any injury that relies on what you are reporting, they will either dispute or understate your condition. They know that they have an opening to contest any element of your damages that seem subjective. It is up to you to ensure that your damages are documented and your story is told.
How to Quantify Emotional Distress Damages in a Personal Injury Case
Quantifying emotional distress damages in a personal injury case can be challenging because there is no fixed dollar amount for pain, fear, or anxiety. Unlike medical bills or lost income, emotional harm is intangible, so courts and insurance companies rely on several factors to assign value.
One common method is the multiplier approach, where the total economic damages (like medical expenses) are multiplied by a factor that reflects the severity of the emotional impact. For example, if someone has $20,000 in medical bills and the case involves significant trauma, a multiplier of three can result in $60,000 in non-economic damages. Another method is the per diem approach, which assigns a daily monetary value to the distress suffered and multiplies it by the length of time the person is expected to experience symptoms.
Courts also consider evidence of distress, such as medical records, therapy notes, personal journals, or testimony from friends and family about how the injury has affected daily life. The severity, duration, and impact on relationships, work, and quality of life are all weighed.
How a Personal Injury Lawyer Helps When You Have Suffered Emotional Distress in an Accident
A personal injury lawyer can play a critical role when you have suffered emotional distress in an accident. Emotional distress, such as anxiety, depression, post-traumatic stress, or fear, can be as debilitating as physical injuries, but proving it in a legal or insurance claim can be challenging. An experienced personal injury lawyer knows how to document and present this type of harm to maximize compensation.
One of the key ways a lawyer helps is by gathering evidence. This includes medical and therapy records, psychiatric evaluations, and documentation of prescriptions or ongoing treatment. Lawyers also assist in collecting personal accounts from family, friends, or coworkers who can testify to the emotional changes and challenges you face in daily life.
Additionally, a lawyer can help quantify the impact of emotional distress on your finances and quality of life, including lost income, reduced earning capacity, and disruption of personal relationships. They also handle all communications with insurance adjusters, ensuring that your statements are not misinterpreted or used against you.
Call a Personal Injury Attorney to Ensure Your Emotional Distress is Compensated
During negotiations or in court, a personal injury attorney advocates for the full scope of your damages, including both economic and non-economic losses like pain and suffering, and emotional trauma. By providing guidance, representation, our personal injury attorneys at Englander Peebles, are committed to strategic planning, ensuring that your claim for emotional distress is taken seriously and you receive fair and comprehensive compensation. Call us today at (954)500-4878.
Frequently Asked Questions
When should I seek treatment for emotional distress?
You must begin documenting these symptoms as soon as you begin to experience them, so you should see a mental health professional early in the process. The actions that you take in handling your situation matter.
What should I do once I have begun treatment for emotional distress?
You should always stick with your treatment and make and attend appointments with your mental health provider as necessary. If you have been prescribed medication, you should also make sure to get your prescription filled on schedule.
How can the insurance company challenge my emotional distress claim?
The insurance company may subject you to surveillance, watching you to obtain any evidence that can undermine your claim. You should avoid speaking publicly about your condition and posting about it on social media.