After a major accident, the injuries that are most visible typically get the most attention. We are talking about traumatic injuries such as lacerations, broken bones, head injuries, spinal cord injuries, and more. Not only do these injuries require immediate medical care, but a crash victim often must undergo long periods of rehabilitation in order to make a recovery.
In the midst of dealing with traumatic injuries, we often do not realize a person is suffering from serious emotional and psychological trauma. Emotional distress is also often called emotional harm, mental anguish, and mental disturbance. Under Tennessee law, a victim of a car accident or other type of personal injury case can file a lawsuit that seeks to recover compensation for emotional distress damages.
What is emotional distress?
When a person has been through a traumatic incident, whether the even produced physical harm or not, emotional distress has various symptoms that can appear. Some of the effects of emotional distress affect our mental health, while others manifest themselves as physical symptoms.
Non-physical symptoms of emotional distress can include depression, anxiety, or post-traumatic stress disorder (PTSD). Physical symptoms of emotional distress can include weight loss from lack of appetite, nausea, vomiting, nightmares, and more.
When a person files a personal injury lawsuit against another party, they will often seek damages for various things, including medical expenses, lost income, and punitive damages. They can also sue for emotional distress damages.
How can a victim prove they are suffering from emotional distress?
Emotional distress can be difficult to prove because not all of the costs are necessarily quantifiable. If a person has been through a serious incident that causes injuries, they should seek treatment for any emotional or psychological distress just as they would seek treatment for a physical injury. This can include treatment from a doctor, psychologist, mental health specialist, counselor, and more.
Being able to document the treatment that you receive after the incident is important. Testimony from your doctor or counselor can be used in negotiations with the other side or with a jury. Your lawyer can also use testimony from your family members or friends who can explain how the accident affected you.
In many cases, emotional distress is directly linked to physical trauma, particularly injuries that leave a victim permanently disabled or disfigured.
What are the costs of emotional distress?
The exact costs of a person’s emotional distress can be harder to determine. It is a good idea to keep all records of all mental health medical treatment you receive. For non-quantifiable damages, an attorney will work to prove a victim’s loss of enjoyment of life and level of suffering. Also included in these valuations will be how the victim’s emotional distress will affect their future, including future medical expenses and lost income due to the emotional trauma.
While the amount negotiated or awarded for emotional distress differs from case-to-case, there are caps to how much a person can receive. Under Tennessee law, a plaintiff (the victim) can only claim up to $750,000 for pain and suffering and up to $1,000,000 for cases concerning catastrophic loss or injury.
Contact a Nashville injury attorney
If a plaintiff is 50% or more responsible for their injuries, they cannot recover damages in a personal injury case. Please speak with a qualified Nashville personal injury attorney as soon as possible.