Does Personal Injury Include Emotional Distress?
When considering a personal injury claim, many people immediately think of physical injuries—broken bones, cuts, or bruises. However, personal injury law is much broader and often includes non-physical harms, such as emotional distress. This article explores how emotional distress can be a valid component of a personal injury claim.
What is Emotional Distress?
Emotional distress refers to a range of negative emotional responses that can result from another party’s negligent or intentional actions. These responses can be debilitating and significantly impact an individual’s quality of life. Common manifestations of emotional distress include:
- Anxiety: Persistent worry, nervousness, or fear.
- Depression: Feelings of sadness, hopelessness, and loss of interest in activities.
- PTSD (Post-Traumatic Stress Disorder): A condition that can develop after experiencing a traumatic event, characterized by intrusive thoughts, flashbacks, and avoidance behaviors.
- Insomnia: Difficulty sleeping or maintaining sleep.
- Loss of Enjoyment of Life: Inability to find pleasure in previously enjoyed activities.
- Humiliation or Shame: Feelings of degradation or dishonor.
“Pain and Suffering” Claims
In many personal injury cases, emotional distress falls under the umbrella of “pain and suffering” damages. These damages compensate victims for the non-monetary losses they experience due to an injury. Non-economic costs include physical pain, mental anguish, loss of enjoyment of life, and emotional distress.
For example, a car accident victim who suffers physical injuries might also experience severe anxiety about driving again, leading to significant emotional distress that is compensable as pain and suffering.
Intentional Infliction of Emotional Distress (IIED)
This is a specific act where a defendant’s extreme and outrageous conduct, whose reckless behavior was intentionally done to cause emotional distress to another person. To prove IIED, the plaintiff typically needs to demonstrate:
- The defendant behaved with recklessness, meaning to cause emotional upset.
- The defendant’s conduct was extreme and outrageous.
- The defendant’s actions caused the plaintiff severe emotional distress.
An example might be a prank that goes horribly wrong and causes a person to suffer a nervous breakdown.
Negligent Infliction of Emotional Distress (NIED)
NIED is a more complex area of law and is not recognized in all jurisdictions, or its application may vary significantly. It involves situations where emotional distress is caused by another person’s negligent conduct, even if there is no direct physical impact. Common scenarios for NIED claims include:
- Bystander Claims: A person witnesses a traumatic event involving a loved one and suffers severe emotional distress as a result.
- “Zone of Danger” Claims: A person is placed in immediate risk of physical harm due to another’s negligence and, though not physically injured, suffers emotional distress.
The specifics of NIED vary greatly by state, often requiring a direct physical injury or impact, or a close family relationship to the injured party, or presence at the scene.
Calculating Damages for Emotional Distress
When emotional distress is part of a personal injury claim, its value is often determined by various factors, and there’s no single formula. However, courts and insurance companies typically consider the severity and duration of the distress, along with its impact on the victim’s life.
Average Settlement Ranges for Emotional Distress
The average settlement for emotional distress varies significantly due to the subjective nature of these damages and the unique circumstances of each case. It’s difficult to provide exact figures, as settlements depend heavily on the severity of the emotional distress, the strength of the evidence, and the specific facts of the underlying injury.
How Is Emotional Distress Calculated?
A personal injury lawyer will typically calculate emotional distress by considering several factors and using different methods, often in conjunction with economic damages. While there’s no precise formula, common approaches include:
- Multiplier Method: This is a common approach for calculating “pain and suffering” damages. The lawyer will calculate the total economic damages (medical bills, lost income, etc.) and multiply that figure by a number (typically between 1.5 and 5, or even higher for very severe cases).
The multiplier chosen depends on the severity and duration of the emotional distress, the impact on daily life, and the strength of the evidence. For example, if economic damages are $10,000 and the emotional distress is moderate, a multiplier of 3 might be used, resulting in $30,000 for emotional distress.
- Per Diem Method: Less common for emotional distress specifically, but sometimes used for pain and suffering. This involves assigning a daily dollar amount for the period the emotional distress is experienced, from the date of the injury until maximum medical improvement or longer if the distress is permanent.
- Evaluating Specific Damages: Personal injury lawyers will also quantify specific types of emotional distress where possible. This can include:
- Therapy and Counseling Costs: The cost of psychological or psychiatric treatment is a direct economic loss that can be claimed.
- Loss of Enjoyment of Life: This is often a component of emotional distress, and a lawyer will assess how the distress has prevented the individual from engaging in hobbies, social activities, or daily routines they once enjoyed.
- Impact on Relationships and Work: Documenting how emotional distress has negatively affected personal relationships, family life, or the ability to perform work duties can strengthen the claim.
- Severity and Duration: As mentioned in the document, the lawyer will heavily weigh the intensity and longevity of the emotional symptoms. Debilitating PTSD that lasts for years will warrant a much higher valuation than temporary anxiety that resolves quickly.
- Corroborating Evidence: The personal injury attorney will rely heavily on the evidence gathered, such as medical records, therapist notes, and witness testimony, to build a strong case for the extent of the emotional distress. Expert witness testimony from mental health professionals is particularly valuable in substantiating the claim and explaining the diagnosis and prognosis.
- Jurisdictional Precedent and Jury Verdicts: Lawyers also consider how similar cases have been valued in their specific jurisdiction, looking at past jury verdicts and settlement amounts for comparable emotional distress claims. This helps in understanding what is considered a reasonable and achievable settlement or award.
Ultimately, the goal is to present a compelling argument that clearly demonstrates the severity, duration, and impact of the emotional distress on the client’s life, thereby justifying the requested compensation.
Proving Emotional Distress
Proving emotional distress can be challenging because it is subjective and not always outwardly visible. However, evidence can be gathered to support such a claim, including:
- Medical Records: Documentation from therapists, psychologists, or psychiatrists detailing diagnoses, treatment plans, and progress.
- Testimony: Statements from the plaintiff, family members, friends, or co-workers who can attest to the changes in the plaintiff’s emotional state and daily life.
- Expert Witness Testimony: Opinions from mental health professionals who can explain the nature and extent of the emotional distress.
- Personal Journals or Diaries: Records kept by the plaintiff detailing their emotional struggles.
Speak to a Personal Injury Lawyer
Emotional distress is a legitimate and often significant component of personal injury claims. While physical injuries are often more straightforward to prove, the profound impact of emotional suffering on a victim’s life should not be underestimated.
If you believe you have suffered emotional distress due to another party’s actions, consulting with a personal injury attorney is critical to understand your rights and the viability of your claim. Speak to an experienced personal injury attorney.