Examples of emotional distress · Decreased quality of life · Loss of enjoyment of life · Cognitive changes after a head injury · Distress from a disability. Whether you're suffering from it or are witnessing it, nursing home abuse can be catastrophic. If a person in a nursing home is facing emotional abuse or physical trauma due to the actions or inactions of those who work for the nursing home, that can result in lasting results. In this publication, our experienced Car Accident Attorney in Jacksonville NC at Renfro & Renfro, PLLC, provide an overview of what is considered emotional distress and five examples of emotional distress in the lawsuits. We understand the challenges you could face when trying to obtain fair compensation.
Our attorneys are ready to help you fight for your rights and ensure that you get the compensation you deserve. In a legal sense, emotional or mental distress is mental suffering that results from the actions of another person, whether accidental or intentional. Typical symptoms of emotional distress include depression, anxiety, shame or guilt, weight gain or loss, flashback memories, insomnia, chronic pain, and more. It's common for car accident victims to experience depression after the injury.
Depression is one of the most serious types of emotional distress that can affect victims or witnesses of debilitating injuries. Some warning signs of depression include difficulty focusing, pessimism and hopelessness, trouble sleeping, irritability, and persistent sadness. For victims of traumatic events, such as traffic accidents, symptoms of depression can worsen due to factors such as pain that prevents them from sleeping and concern about loss of income. Anxiety disorders can develop after any accident or emotional trauma.
These disorders create ongoing episodes of intense fear, terror, and anxiety that can interrupt your daily routine and affect your quality of life. Typical symptoms of anxiety disorders are insomnia, sweating, feelings of tension or restlessness, upset stomach, and difficulty concentrating. Experiencing or witnessing terrifying events can trigger post-traumatic stress disorder (PTSD). Posttraumatic stress disorder is a serious type of emotional distress that can develop weeks, months, or even years after the triggering event.
Common symptoms of post-traumatic stress disorder include flashbacks, nightmares, fearful thoughts, adverse changes in feelings, feelings of guilt, and feelings of tension or nervousness. An emotional distress claim requires physical injury or some other type of actual harm. There are no legal claims for near misses. For example, if another vehicle is very close to hitting you but manages to avoid the collision, there is no right to compensation. While these physical injuries are certainly significant and deserve due compensation, invisible harms, especially emotional distress, can have equally profound, if not more significant, effects on the victim's life.
However, a common question related to those same circumstances is: “Can I sue someone for emotional distress? Experiencing a serious accident can not only result in physical injury but also emotional suffering. Understanding emotional distress claims in personal injury cases is vital for anyone involved in such a case, as these claims can significantly affect the outcome. If you or a loved one have experienced emotional distress due to the negligence or intentional actions of another person, consult an experienced personal injury attorney who can evaluate your case and help you seek the compensation you deserve. This category of harm recognizes the profound effect that emotional trauma can have on a person's life, which goes beyond physical injuries. If you have experienced emotional distress as a result of your car accident, you can seek compensation in your personal injury case.
It is necessary to recognize the importance of emotional distress, equivalent to physical injury in personal injury cases. Personal injury attorneys, such as those at Held, Held & Held, understand the complexities of quantifying emotional distress damages and work diligently to ensure that all aspects of your suffering are considered, maximizing the compensation you receive for your pain and suffering. While it's possible to obtain compensation for emotional distress without causing related physical harm, it's often a more difficult process and is fraught with several legal obstacles based on your state's personal injury laws. For example, in Illinois, emotional distress includes “significant alarm, anxiety, or suffering caused by a physical injury or other traumatic event.” However, emotional distress is one type of harm that you can seek compensation for when an accident occurs. Collaborating with an experienced personal injury attorney can help you navigate the complexities of emotional distress claims, accumulate the necessary evidence, and advocate for fair compensation.
One of the main problems with suing for emotional distress is that it's difficult to place a financial value on what you're experiencing.