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Does Personal Injury Include Emotional Distress?

Woman experiencing emotional distress | personal injury lawyer in new york | Gash & Associates, P.C.

Personal injury cases usually make you think of physical injuries, but they can also include emotional distress. When someone talks about emotional distress in these cases, they’re referring to the psychological impact an incident has had on a person’s well-being.

It’s an important area within personal injury law, where victims can seek compensation not just for physical harm but for the mental anguish they’ve experienced due to someone else’s negligence or intentional actions. Let’s explore this concept further in this article, but for experienced advice based on your unique situation, call Gash & Associates, P.C., today.

The Categories of Emotional Distress

Emotional distress falls under two main categories: negligent infliction and intentional infliction, basically, whether the incident was on purpose or accidental.

Negligent infliction happens when someone’s carelessness causes you emotional suffering, and intentional infliction is when someone’s deliberate actions cause you emotional harm. For instance, if you’re involved in a car accident due to someone else’s negligence and suffer anxiety and depression as a result, you might have a case for emotional distress.

How to Seek Compensation for Emotional Distress

To seek compensation for emotional distress, there are legal criteria you must meet. Generally, you need to prove that the emotional distress is significant and lasting. It can’t be just a fleeting experience or a minor issue.

Medical records from mental health professionals are important evidence, and they show that you’ve sought treatment for your distress. The legal system also considers the intensity of the emotional distress and its impact on your daily life.

The Subjective Nature of Emotional Distress

Recent personal injury cases have set precedents for emotional distress claims. For example, there have been cases where victims of harassment or abuse have successfully sued for emotional damages.

The courts have recognized the severe impact that psychological harm can have on a person’s life. Compensation for these cases often involves careful documentation as well as expert testimony that proves emotional distress.

However, pursuing claims for emotional distress comes with challenges. One of the main hurdles is the subjective nature of emotional harm. Unlike physical injuries, where X-rays or medical reports can serve as clear evidence, emotional distress is more difficult to quantify. Victims must often rely on psychological evaluations and personal testimony to make their case, which can be more easily disputed in court.

How to Prove Your Emotional Distress

Proving your emotional distress in a court of law isn’t easy, but it can be done with the right help. You’ll need to provide medical records, your own personal testimony, and witness testimony from people who know you well. All of this evidence combined will argue that you were not experiencing emotional distress before the incident, but now it is affecting your life and your ability to make a living.

Having experienced personal injury professionals on your side can give your case the weight and seriousness it deserves.

Call Gash & Associates Today

If you or someone you know is struggling with the emotional aftermath of an incident and believes it’s due to someone else’s actions, it might be time to seek legal advice. Gash & Associates, P.C. in White Plains, NY, can offer the support and guidance you need to explore your options.

Don’t hesitate to reach out at (914) 328-8800 to discuss your case and take the first step towards receiving the compensation you deserve for the emotional injuries you’ve suffered.