Filing A Lawsuit For Emotional Distress Damages

Posted on: 24 November 2020


When you are involved in a personal injury, emotional distress damages are compensatable in many cases. You might feel as if your emotional distress is significant, leading to a variety of serious repercussions that leave you feeling unsafe and even traumatized by the incident. This is not an uncommon situation.

Not all injuries can be seen with the naked eye. The courts understand that you may have emotional damages following your injury. This is what you need to know about these personal injury cases.

You Can Sue for Emotional Damages in Addition to Physical Injuries

Many different types of injuries cause emotional damages. For example, you might be in a car accident that impacts your life because you are now afraid to get behind the wheel of a car again in the future. Your physical injuries might even make it so that you fear going into the grocery store.

Other types of emotional damages stem from changes in one's interpersonal life. For instance, perhaps you are no longer able to hold and carry your baby, and this causes a lot of emotional damage.

If you did not experience physical injuries, some states do not allow you to file a personal injury suit, even if you also experienced emotional distress. In other states, this is not the case, and you can file a lawsuit only for emotional damages. Your personal injury attorney can help you determine what kind of case you might have.

Types of Emotional Damages

So, what are those emotional damages? These are the types of damages you might experience, and you may be able to pursue legal action because of them.

  • Anxiety
  • Depression
  • Humiliation
  • Irritability
  • Extreme Stress

Proving Emotional Damages Can Be Difficult

One of the biggest difficulties associated with proving emotional damages is that they are often not seen. This means that it can be harder to diagnose these issues and put a price tag on their impact. You may not even receive a diagnosis for some time, but you know that something is wrong. Emotional damages can feel nearly impossible to figure out when you are beginning your healing journey.

You May Need a Personal Injury Attorney

If you struggle to prove emotional damages, a personal injury attorney can be extremely helpful. They know how to provide you with the best case in court so that you can prove your damages are real and valid. For more information, reach out to a local personal injury law office, like Buckley  Law Office.