After a personal injury, you might suffer lingering and long-term emotional injuries. Find out how you can receive compensation for emotional distress here.
Healthy Living

Can You Receive Compensation for Emotional Injuries?

When you suffer a physical injury, it is easy to prove using medical records. There are documents relative to the accident, assault, or other negligent action of another person. This evidence makes it easy to sue for compensation.

In 2018 there were 55.7 million visits to physicians with the patient receiving a primary diagnosis of a mental disorder. Emergency departments recorded 4.9 million with a mental diagnosis. This includes neurodevelopmental, behavioral, and mental disorders.

Emotional injuries are just as traumatic as physical injuries but harder to prove. If they occur at the same time as a physical injury, evidence they exist is easier to show.

If you find it emotionally difficult to get through life following a personal injury, keep reading. We are going to share how you can receive compensation through a personal injury settlement for emotional distress.

What Are Emotional Injuries?

The symptoms of emotional distress are different in every person. Symptoms present themselves in different ways. These are some indicators you are suffering emotional injuries:

  • Nervousness, Fear, Anxiety—such as being nervous driving a vehicle after an accident
  • Anger, Bitterness, Frustration—lashing out at people around you
  • Humiliation, Shame, Guilt—from feeling you should have prevented the accident
  • Lethargy, Insomnia, Depression—feeling helpless, struggling to get out of bed, etc.

It is normal to feel nervousness, anger, or depression from time to time in our lives. Emotional trauma is distinguishable because it encompasses your life. It overwhelms your ability to function to the point of preventing you from living a normal lifestyle.

Proving You Suffer Emotional Injuries

When you have physical injuries as part of a personal injury case, it is easier to prove you are also suffering emotional distress. Every state has its own requirements for proving emotional distress. In North Carolina the requirements are:

  • That the defendant behaved in a negligent manner
  • That it is reasonably foreseeable that the defendant’s behavior would cause severe emotional distress
  • That the defendant’s behavior is the cause of your suffering several emotional distress

The key to receiving the compensation you deserve is to take appropriate steps in filing a personal injury lawsuit.

Emotional Injury Claim Steps

When you are suffering emotional injuries, it is important to document your injuries. Make a written report of the incident, stating what happened and the emotional and physical injuries you suffer.

You must follow all recommendations for the treatment of your injuries. This includes attending all counseling sessions or any other treatment your physician recommends.

Keep copies of all records. This includes accident reports, medical records, and counseling session notes.

These records provide an impartial view of your mental condition. They also prove the financial damages you are suffering.

Consult with a personal injury attorney as soon after the accident as possible. A personal injury attorney, such as will evaluate your case.

They will file legal pleadings, negotiate a settlement, and appear in court with you. Following all recommendations of your attorney puts your case in the most favorable light with the judge.

Don’t Ignore Your Emotional Injuries

Do not ignore your emotional injuries or let friends and families tell you to “get over it.” Emotional trauma is real.

You deserve compensation to assist you with the expense of receiving competent treatment. Contact a personal injury attorney for assistance.

Now that you know your rights when suffering emotional trauma, check out our other blogs for more great legal information.


Leave a Reply