Can I claim compensation for emotional distress?
Emotional distress can be a significant and often debilitating consequence of a traumatic event. But can you claim compensation for emotional distress alone in a personal injury case? In this blog post, we’ll explore this question in depth, discussing when emotional distress is part of a broader claim, how common it is to sue for emotional damages alone, and what level of distress warrants legal action. Mark Perron, a dedicated Minneapolis personal injury lawyer at Perron Law Office, shares his expertise on this topic to help you understand your rights and options.
Is Emotional Distress Alone Enough for a Claim?
When Emotional Distress Stands Alone
In personal injury law, emotional distress refers to psychological suffering caused by a traumatic event, such as anxiety, depression, or PTSD. While emotional distress can certainly be grounds for a claim, it is typically more challenging to pursue compensation for emotional distress alone without accompanying physical injuries. Courts and insurance companies often view emotional distress as more subjective and harder to quantify than physical injuries.
However, there are cases where emotional distress claims stand on their own, particularly if the distress is severe and provable, such as in cases of intentional infliction of emotional distress (IIED) or in instances where the emotional harm results from egregious conduct like harassment or defamation.
Emotional Distress as Part of a Broader Claim
The Role of Emotional Distress in Personal Injury Cases
More commonly, emotional distress is included as part of a broader personal injury claim that also involves physical injuries. For example, if you were injured in a car accident, you might experience physical pain and suffering, but also develop anxiety about driving or struggle with depression due to the accident’s impact on your life. In such cases, emotional distress is considered along with the physical injuries when determining compensation.
A Minneapolis personal injury lawyer can help you document and present both the physical and emotional aspects of your injuries, ensuring that the full scope of your suffering is considered in your claim.
How Common Are Claims for Emotional Distress Alone?
The Frequency of Emotional Distress Lawsuits
While it is possible to sue for emotional damages alone, it is relatively uncommon compared to claims that include both emotional and physical injuries. Emotional distress claims without physical injuries are more difficult to prove and often require strong evidence, such as testimony from mental health professionals or clear documentation of the distress’s impact on your daily life.
Most successful claims for emotional distress alone involve situations where the emotional harm is severe, such as cases involving severe trauma, harassment, or other forms of intentional harm.
How Serious Does Emotional Distress Need to Be?
Evaluating the Severity of Emotional Harm
To be worth pursuing legal action, emotional distress must be more than just temporary upset or mild anxiety. The distress needs to be severe enough to impact your daily life, relationships, or ability to work. Symptoms might include chronic anxiety, depression, PTSD, or other significant psychological conditions.
The seriousness of the emotional distress is also often measured by how long it lasts and whether it requires medical or psychological treatment. A Minneapolis personal injury lawyer like Mark Perron can help assess the severity of your emotional distress and advise on whether it is likely to result in a successful claim.
How Much Compensation Can You Get for Emotional Distress?
Determining the Value of Emotional Distress Claims
The amount of compensation you may receive for emotional distress can vary widely depending on several factors:
- Severity of Distress: More severe emotional distress typically results in higher compensation.
- Impact on Life: How the distress has affected your ability to work, enjoy life, and maintain relationships.
- Duration: Long-lasting emotional distress often leads to higher settlements.
- Supporting Evidence: Documentation from mental health professionals can significantly impact the value of your claim.
In Minnesota, compensation for emotional distress in personal injury cases can range from a few thousand dollars to six figures or more, depending on the case’s specifics. Working with a Minneapolis personal injury lawyer ensures that you have the best chance of receiving fair compensation for your emotional distress.
Conclusion: Seek Professional Guidance
Emotional distress is a serious matter, and if you’ve been through a traumatic event, you deserve to be compensated for all the ways it has affected your life. Whether emotional distress is part of a broader personal injury claim or stands alone, it’s crucial to work with an experienced Minneapolis personal injury lawyer like Mark Perron. He can guide you through the complexities of your case, helping you gather the necessary evidence and ensuring you receive the compensation you deserve.
If you’re looking for a Personal Injury Lawyer in Minneapolis, Perron Law Office is the most trusted name in the Twin Cities area. We proudly serve the communities of Lauderdale, Columbia Heights, Falcon Heights, Robbinsdale, Roseville, Crystal, New Brighton, Richfield, Arden Hills, Fridley. Simply reach out on 651-269-6208 to schedule your free consultation.
