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Emotional Distress Lawyer: How Much Can I Sue for Emotional Distress?
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Personal injury cases have profound impacts. Anyone who undergoes a personal injury from an accident invariably faces repercussions. Beyond the realm of physical pain and injury, many grapple with emotional suffering and mental anguish, often leading them to wonder, "how much can I sue for emotional distress?"
Courts understand that individuals are holistic beings, encompassing both body and mind. Recognizing the depth of emotional and psychological scars, which can sometimes be as severe – if not more so – than physical injuries, courts often incorporate emotional and psychological distress into compensatory damages in personal injury cases.
What is Emotional Distress?
Emotional distress refers to the psychological harm caused by experiencing an event or series of events that are traumatic, upsetting, or distressing. This is also sometimes referred to as mental anguish, and this includes everything from depression to fright to grief. Emotional distress can manifest in a wide range of symptoms, including anxiety, depression, sleep disturbances, and post-traumatic stress disorder (PTSD). These symptoms can impact an individual's ability to function in their personal and professional life, leading to a diminished quality of life.
Emotional distress can be caused by a variety of factors, including accidents, injuries, harassment, discrimination, and other forms of trauma. It can also be a basis for legal claims in some situations. You can receive compensation for mental anguish and emotional distress in a personal injury case, and how much you can receive depends on the severity of your suffering. What the court is looking at when evaluating mental anguish is the level and kind of mental disruption caused by the accident.
Most Common Types of Emotional Distress
Some of the most common types of emotional distress that manifest in someone after a traumatic accident includes:
Anxiety
Anxiety can be characterized as an excessive, persistent feeling of worry, fear or apprehension that follows someone throughout their daily life– whether that be constantly or in short bursts. This can be completely debilitating.
Depression
This is a sleep disorder that is characterized by a difficulty falling asleep or staying asleep. People with insomnia often experience feelings of fatigue, low energy, irritability, and difficulty concentrating during the day. Insomnia will negatively impact a person's health and daily life by making it difficult to recover and rest.
Post-Traumatic Stress Disorder (PTSD)
A panic attack is a sudden onset of fear or discomfort. These feelings are often intense and accompanied by physical symptoms like heart palpitations, sweating, and shortness of breath. People experiencing a panic attack may also feel a loss of control or a sense of impending doom.
Insomnia
Depression, which often occurs in response to a traumatic incident or injury, is a persistent feeling of an overwhelming sense of sadness and hopelessness. It an also make a victim feel numb or indifferent to people, places, hobbies or other things that used to bring them joy.
Panic Attacks
Depression, which often occurs in response to a traumatic incident or injury, is a persistent feeling of an overwhelming sense of sadness and hopelessness. It an also make a victim feel numb or indifferent to people, places, hobbies or other things that used to bring them joy.
Phobias
Phobias are intense, irrational fears of specific objects, situations, or activities. Phobias often develop from traumatic experiences. Victims who suffer from phobias experience intense fear and anxiety when confronted with the object or situation that triggers their phobia. The fear and anxiety can be so overwhelming that it interrupts their daily life.
Obsessive Compulsive Disorder (OCD)
OCD is a disorder characterized by persistent, intrusive thoughts or compulsive behaviors that interfere with daily life. Victims with OCD have recurring, unwanted thoughts, ideas, or sensations (obsessions) that lead to repetitive behaviors or mental acts (compulsions) aimed at reducing anxiety or preventing a dreaded event.
Self-Harm
Depression, which often occurs in response to a traumatic incident or injury, is a persistent feeling of an overwhelming sense of sadness and hopelessness. It an also make a victim feel numb or indifferent to people, places, hobbies or other things that used to bring them joy.
Eating Disorders
Eating disorders are characterized by abnormal eating habits that can negatively impact physical and mental health. Eating disorders can be serious and may require medical and psychological treatment to manage. The development of an eating disorder can often be a response to a traumatic event.
Substance Abuse
Substance abuse is a harmful use of alcohol, tobacco, or drugs that causes physical, psychological, and social harm to the user. Substance abuse can lead to addiction, overdose, and a range of health problems. It can also affect relationships, work, and other areas of life. Substance abuse can often develop as a response to a traumatic event.
What Damages Can a Victim Receive for Emotional Distress?
In some cases, emotional distress damages may be awarded in the thousands or even millions of dollars, while in others, the compensation may be much lower. The amount of compensation awarded for emotional distress is typically determined by several factors, including the severity of the emotional distress, the impact it has had on the victim's life, and the defendant's ability to pay.
Victims of emotional distress can receive various types of damages, including:
Economic damages
These include the financial losses incurred as a result of emotional distress. These can include medical expenses, lost wages, and any other expenses that the victim incurred as a result of the emotional distress. For example, if the emotional distress caused the victim to seek therapy or counseling, the cost of those services would be considered economic damages.
Non-economic damages
These are the intangible losses that the victim experiences, such as pain and suffering, loss of enjoyment of life, and emotional distress itself. These damages are more difficult to quantify because they do not have a direct monetary value. Instead, they are typically determined by a judge or jury based on the severity of the emotional distress and how it has impacted the victim's life.
Punitive Damages
In some circumstances, these may also be awarded. These are designed to punish the defendant and deter them from engaging in similar behavior in the future.
The specific damages a victim can receive for emotional distress will vary depending on the individual case. This is why it is extremely important to contact a skilled attorney from Wettermark Keith. Our attorneys can help victims understand their rights and pursue the damages they deserve.
Proving Mental Anguish in an Emotional Distress Claim
To get compensated for your emotional distress, or mental anguish, a victim will have to prove that you’ve suffered psychologically through medical reports and records.
There are two elements:
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Have some form of mental anguish (depression, anxiety, grief, distress, etc.); and
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Have your mental anguish as a direct result of the accident/incident.
If you suffered from depression before, say, from a car accident, then that existed prior to the accident and won’t likely be applicable. You have to show that you’ve had real, psychological disturbances that have negatively impacted your life from the matter that recently occured. Maybe you can’t sleep. Maybe you can’t work. Your relationships may have been negatively impacted. You can’t ride in a car or leave the house due to fear. Depression has sapped all motivation from you. You live in a constant state of stress and it has had negative impacts on your health.
If you need to prove mental anguish, contact an attorney from Wettermark Keith to set up a free legal consultation today.
Do I Have to Prove Emotional Distress?
You have to prove that you have these conditions that qualify as emotional distress, which starts with documenting everything you can. Often, however, this is not always enough, since you’ll also have to see a mental health professional to get diagnosed. It’s a lot harder to assert mental anguish without a professional’s expert assessment. It is important to see a medical provider as soon as you start experiencing symptoms of any kind, so you can be properly diagnosed.
The mental health provider can then help tie the emotional distress to the accident or incident. As your personal injury lawyer, we can argue the connection and use whatever supporting evidence we can find, along with the evidence given to us by your medical provider.
Emotional Distress Lawsuit Statistics
In recent years, there has been an increasing recognition of emotional distress and its impact on victims. Lawsuits centered around emotional distress have gained prominence as victims come forward to seek justice for the psychological harm they've endured.
Alabama’s Laws on Emotional Mental Anguish Damages
In Alabama, mental anguish is considered a part of compensation damages designed to make the victim whole. There are no caps on compensatory damages for physical or mental/emotional injuries in our state. So, there’s no limit, in theory, of how much you could receive; the total amount you’ll get depends on the circumstances of your case and the seriousness of your injuries.
Under Alabama law, emotional mental anguish damages are considered a type of compensatory damages. Compensatory damages are intended to compensate the plaintiff for their losses or injuries, and may include both economic and non-economic damages. To be awarded emotional mental anguish damages in Alabama, the plaintiff must prove that they have suffered severe emotional distress as a result of the defendant's actions. This may include evidence such as medical records, testimony from mental health professionals, and testimony from the plaintiff and their family and friends.
Emotional mental anguish damages may be awarded in a variety of cases, including personal injury cases, wrongful death cases, and cases involving intentional infliction of emotional distress. However, Alabama law places limits on the amount of damages that can be awarded in certain types of cases, such as medical malpractice cases. In Alabama, the statute of limitations for filing a lawsuit for personal injury, including claims for emotional distress, is generally two years from the date of the injury. You should speak with an experienced attorney if you believe you have suffered emotional mental anguish as a result of someone else's actions. An attorney from Wettermark Keith can help you understand your rights under Alabama law and help you seek the compensation you deserve.
Mental Anguish and Florida Law
In Florida, mental anguish is a type of non-economic damages that can be awarded in a personal injury case. These damages compensate victims for the emotional distress and suffering that they have endured as a result of the defendant's wrongful conduct.
In Florida, a complaint must meet four requirements to bring a cause of action for intentional infliction of emotional distress. These elements include: (1) the intentional or reckless infliction of mental anguish; (2) conduct that is considered outrageous; (3) a causal link between the conduct and the emotional distress; and (4) a level of emotional distress that is considered severe. The determination of whether conduct is sufficiently outrageous to support this claim is a question of law, not a question of fact, according to the court. The plaintiff's subjective response to the conduct does not affect whether the tort of intentional infliction of emotional distress was committed.
Florida law also allows for the recovery of punitive damages in certain cases where the defendant's conduct was particularly reckless. Punitive damages are intended to punish the defendant and deter similar conduct in the future. To recover punitive damages in Florida, the plaintiff must show that the defendant acted with intentional or reckless disregard for the plaintiff's rights or safety. Florida has a statute of limitations for personal injury claims. Generally, a plaintiff must file a lawsuit within two years of the date the injury or from the date that the injury was discovered or should have been discovered through reasonable diligence. Failing to file a lawsuit within this time frame can result in the loss of the right to recover damages.
Tennessee Laws on Suing for Mental Damages
In the state of Tennessee, emotional or mental anguish is recognized as a type of non-economic damages that can be awarded in a personal injury claim. Emotional damages can compensate a plaintiff for the emotional distress and suffering they have endured as a result of the defendant's wrongful conduct. Under Tennessee law, to recover these damages, the plaintiff must show that they have suffered a genuine, severe emotional injury that is not transient. The plaintiff must also prove that the emotional injury was caused by the defendant's wrongful conduct, such as negligence or intentional misconduct.
Tennessee law also allows for the recovery of punitive damages in certain cases where the defendant's conduct was particularly egregious or reckless. Punitive damages are intended to punish the defendant and deter similar conduct in the future, rather than compensate the plaintiff for their losses. To recover punitive damages in Tennessee, the plaintiff must show that the defendant acted with intentional or reckless disregard for the victim’s rights or safety.
It is important to note that Tennessee has a strict statute of limitations for personal injury claims. Generally, a plaintiff must file a lawsuit within one year of the date of the injury, or within one year of the date the injury was discovered or should have been discovered through reasonable diligence. Failing to file a lawsuit within this time frame can result in the loss of the right to recover damages.
Wettermark Keith: Personal Injury Attorneys for Filing an Emotional Distress Lawsuit
It’s perfectly natural to feel distressed, depressed, anxious, afraid, or grief-stricken after a serious accident or incident. You shouldn’t feel ashamed, and you should get help as soon as possible and take treatment seriously. Our personal injury lawyers can’t heal you, but we can do our best to get you the compensation for emotional distress you need to make yourself and your family whole again.
With offices located throughout Alabama, Tennessee and Florida, Wettermark Keith has a reputation as one of the most accomplished personal injury firms in the country. Our firm’s reach is not only regional, but includes a diverse range of practice areas, including personal injury cases.We operate on a contingency fee basis, meaning you pay nothing out of pocket. Any legal fees and associated costs will be collected from your winnings at the conclusion of the case. If your attorney is not able to obtain a verdict or settlement for your injury, you will not be charged any legal fees for their efforts. In short, if we produce no recovery on your case, then you pay our personal injury attorneys nothing.
At Wettermark Keith, we take our client’s cases personally. We practice with care and compassion. Our firm tells our clients’ stories and makes their voices heard. We do this by building strong relationships based on constant communication and an unwavering dedication to truth and trust. Winning cases isn’t our goal - caring for you is. Winning is just how we show it.
Frequently Asked Questions
There are several types of emotional distress, including acute stress disorder, post-traumatic stress disorder (PTSD), anxiety disorders, depression, and adjustment disorders. Acute stress disorder is a short-term reaction to a traumatic event, while PTSD is a long-term disorder that can develop after a traumatic event. Anxiety disorders and depression are both characterized by persistent feelings of fear, worry, and sadness, while adjustment disorders are typically associated with a difficulty coping with a major life change or event.
Emotional distress in the workplace can manifest in various forms, such as anxiety, depression, sleep disturbances, and loss of appetite. Examples of workplace situations that can cause emotional distress include retaliation and the overwhelming emotions following a work-related accident. Employees who experience emotional distress due to work related injuries can receive compensation for the mental trauma that follows the event along with other types of compensation from the injury itself. If you are in need of help filing a claim, contact an attorney from Wettermark Keith today.
Emotional distress is a type of mental suffering that results from a traumatic event or ongoing negative experiences. It may manifest in a variety of symptoms, such as anxiety, depression, sleep disturbances, loss of appetite, and social isolation. To qualify as emotional distress in a legal context, the suffering must be severe and significantly impact the individual's daily life or ability to function normally. Additionally, the distress must be caused by the negligent or intentional actions of another party.
Suing for emotional distress can be challenging, as it requires demonstrating that the distress is severe and directly caused by the defendant's actions. Additionally, emotional distress cases often involve complex legal and medical issues, and proving the severity of the emotional distress can be difficult. However, with the help of an experienced attorney, it is possible to build a strong case and seek the compensation you deserve for your emotional suffering.
Proving emotional distress typically requires evidence of the severity of the distress and a causal link between the distress and the defendant's actions. Evidence may include medical records, witness testimony, expert opinions, and other documentation of the emotional distress. It may also be helpful to demonstrate the impact of the emotional distress on the individual's daily life and ability to function. An experienced attorney can help you gather and present the necessary evidence to build a strong case for emotional distress.
The time limit, or statute of limitations, to file an emotional distress lawsuit varies depending on the jurisdiction. In Alabama, the statute of limitations is generally two years; in Tennessee, the statute is one year; and, in Florida, the statute of limitations is two years. In all states, there are specific circumstances and exceptions that can change the statute of limitations for these personal injury cases. For more information, contact an attorney from Wettermark Keith immediately.
Yes, you can sue for emotional distress in many jurisdictions. To do so, you typically must prove:
- The defendant's negligent or intentional conduct caused your distress.
- The distress was severe, not just a minor upset.
- Evidence supports your claim, like medical records or therapist testimonies.
Consulting with a lawyer is crucial, as specific requirements can vary by jurisdiction.
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