When we think of personal injury cases, physical harm is often the first aspect that comes to mind. However, a lot of people go through emotional and mental trauma that can have long-lasting effects on their health. Emotional distress, although invisible, is a very real consequence of many accidents and can be just as debilitating as a broken bone or a concussion. Filing a claim for emotional distress in a personal injury case requires understanding the legal framework, evidence requirements, and how to present a compelling case.
What Is Emotional Distress?
Emotional distress refers to the mental suffering an individual experiences as a result of a traumatic incident. This can include anxiety, depression, insomnia, panic attacks, and post-traumatic stress disorder (PTSD). In personal injury law, there are two main types of emotional distress: intentional infliction of emotional distress and careless infliction of emotional distress.
The former applies when someone deliberately causes psychological harm. The latter, which is more common in personal injury cases, occurs when a person’s negligent behavior indirectly causes someone else to suffer emotional damage.
Legal Grounds for an Emotional Distress Claim
In order to file a claim for emotional distress, the plaintiff must demonstrate that the distress is severe and directly linked to the defendant’s actions. In most jurisdictions, including North Carolina, this means:
- There must be a physical injury or threat of physical harm involved (though this is evolving in some cases).
- The emotional distress must be significant and not merely momentary or minor upset.
- There needs to be medical documentation or testimony from mental health professionals verifying the impact.
In this case, it’s very important to talk to a skilled lawyer. Matthew Burkert Durham lawyer with extensive experience in personal injury law, is one such legal professional who helps clients navigate these complex emotional distress claims with both compassion and expertise.
Evidence to Support Your Emotional Distress Claim
Courts do not take emotional distress claims lightly, largely due to their subjective nature. As a result, having strong evidence is critical. Common types of evidence include:
- Medical and psychological evaluations: Reports from therapists, psychiatrists, or psychologists can validate the emotional suffering.
- Testimony from friends and family: Their observations can highlight changes in behavior or mood that support your claim.
- Personal journals or logs: Recording your symptoms over time can help establish the ongoing nature of the distress.
- Expert witnesses: Expert evidence can sometimes be used to show a connection between the event and the mental pain.
Calculating Damages for Emotional Distress
As part of non-economic damages, mental distress compensation is often thought of. These damages do not have a fixed dollar amount and can vary greatly from case to case. Factors that influence compensation include:
- Severity of the emotional distress
- Duration of the symptoms
- Impact on daily life, work, and relationships
- Need for ongoing therapy or medication
It’s essential to present a well-documented claim that clearly outlines how your life has been impacted. Working with a qualified attorney like Matthew Burkert, Durham lawyer can make a significant difference in securing fair compensation.
Challenges You Might Face
Even though mental distress is real, it can be hard to prove these claims. Insurance companies and defence lawyers might say that the mental problems aren’t real or have nothing to do with what happened. That’s why you need to act quickly, get medical help, and write down everything that has to do with your situation.
In North Carolina, there are also specific time limits and law details that must be followed. If you don’t meet legal requirements or miss a date, your case could be thrown out.
Final Thoughts
When you file a claim for mental distress, you’re not just looking for money. You’re also looking for someone to understand your pain and help you get better. Even if the path is hard, it is possible to get justice with the right legal help. If an accident has caused you mental trauma, talk to an experienced lawyer like Matthew Burkert, Durham lawyer, to learn about your legal options and start getting better.
