You may be able to take legal action if you have been injured and having emotional distress cause by someone else. Personal injury lawsuits can help you recover financial compensation for your injuries.
Continue reading to learn more about emotional distress, how it relates to personal injuries lawsuits, and what you can do to receive compensation from the person who caused you distress.
Is Emotional Distress a Personal Injury in California?
Is emotional distress considered a personal injury?
California law allows for compensation to be sought by an individual who has suffered emotional distress due to someone else’s negligence.
Injured? Speak to an Attorney
You may have the right to seek compensation for emotional distress, along with other economic and non-economic damages. You may be eligible for financial compensation for emotional distress following an accident.
A personal injury attorney can help you after an accident or injury. A lawyer can help you investigate your claim and determine the value of your case. They will also work to reach a fair settlement for you.
What Does California Consider as a Personal Injury?
Personal injuries and property damage are treated differently in the U.S. Personal injury is any injury to the person. This includes injury to the mind or emotions.
Personal injury suits hold the responsible party accountable and compensate victims for injuries, as well as other losses.
A personal injury is not always grounds for legal action. If someone else is at fault for your injury, you may be able to file a lawsuit for personal injuries.
Accidents and Incidents Can Cause Personal Injuries in Many Ways, Including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Dog bites
- Drunk driving accidents
- Slip and Fall Accidents
- Brain injuries
- Medical malpractice
Other situations may also lead to a valid personal injury claim.
Consulting a personal injury lawyer is important if someone else has injured you. An attorney can evaluate your case and determine the best course to take.
What Types of Damages Are Available for Personal Injury Claims?
California law allows you to recover damages if another person has caused you harm through an illegal act or omission. Damages are compensation for your injuries, tangible losses and intangible loss resulting from the accident.
In personal injury cases, there are two main types of damages: economic damages and non-economic damage.
Your accident directly causes economic damages. These losses can be easily quantified, making them easier to prove.
Included in This Category Are:
- Medical expenses – past and future
- Rehabilitation costs
- Lost Wages
- Loss of earning capacity
- Property Damage
Non-economic damages may also be directly related to the case but are more difficult to quantify and prove.
Included in this category are:
- Pain and suffering
- Mental anguish
- Emotional distress
- Permanent disfigurement
- Loss of enjoyment in life
What Is Emotional Distress?
In personal injury cases, the law takes emotional distress into account.
When someone hurts them, they often experience emotional scar. It is not uncommon to sue for damages if you suffer emotional distress.
How Does a Defendant Show Emotional Distress?
You’ll feel the effects of emotional distress if you are experiencing it.
These symptoms are indicative of emotional distress:
- Worrying often
- Feeling hopeless or overwhelmed?
- You may have difficulty thinking
- Memory problems
- Easily angered or irritated
- Experiencing fatigue
- Unexplained physical discomfort
You are most likely to experience emotional scar if you suffer from these or other problems after someone else injures you.
Talk to your doctor if you think you are experiencing emotional scar. Your doctor will be able to give you advice and help on how to recover.
How Can Emotional Distress Affect Me?
You may find it difficult to complete simple tasks due to emotional pain.
Emotional distress can affect you in the following ways:
- Disturbing your sleep routine
- Change your eating habits
- Affecting mood and mood swings
- Relationships can be affected by your actions
- Performance issues at school or work
These negative effects can increase the loss you suffer from a personal accident.
What Is Needed to Prove Emotional Distress?
Your lawyer will need to present some evidence or documentation that proves you have suffered the losses you are claiming. To get compensation for emotional pain you will need evidence.
To determine if you are entitled to compensation for emotional distress, the courts will often examine:
- How long have you been experiencing emotional and physical symptoms?
- Your emotional distress intensity
- What is the cause of your emotional distress?
- Documentation such as medical records and doctor’s notes is required to prove your pain and suffering.
It’s not impossible to prove emotional distress. An experienced personal injury lawyer has the resources and skills to help you pursue compensation for your losses.
What Kind of Damages Are Emotional Distress?
Intangible losses include emotional distress, which is difficult to quantify or measure. Intangible losses can be classified as non-economic losses.
You need a personal injury lawyer to pursue the financial recovery of non-economic damages, as proving it can be difficult. An attorney has the expertise to assess your losses and assign a fair value. They can also gather evidence to support your claim.
Is There a Limit to How Much I May Receive for Emotional Distress?
Some states limit the amount of financial compensation you can recover.
California has no caps on damages for cases of personal injury. You are entitled to fair compensation in your personal injury case, regardless of the amount.
There is one exception to this rule: medical malpractice. In these cases, the doctor or healthcare provider is responsible for causing injury or harm.
California law limits the amount of non-economic damages that a plaintiff can receive to $250,000, regardless of how severely injured they are.
A lawyer can determine the amount you are entitled to if you have a medical malpractice case.
Do I Need a Personal Injury Lawyer to Help Me Get Emotional Distress Damages?
Absolutely. You will have the best chance of receiving fair compensation, including for emotional distress, if you hire a personal injury lawyer.
To recover your money, you will need to follow a number of steps.
- Investigating your case thoroughly
- Create a legal strategy
- Drafting and filing of court documents
- Documentation and evidence gathering
- Interviewing experts and witnesses
- Calculating your damages
Although it may technically be possible to perform these tasks yourself, there is no reason for you to do so. An experienced personal injury lawyer is familiar with the laws and procedures that apply to your case.
Contact Tenina Law for Your Personal Injury Attorney Today
You may be able to file a personal injury claim if you have been injured due to someone else’s actions or omissions. Don’t hesitate to contact a Tenina Law personal injuries attorney to discuss your case as soon as you can. You can get compensation by contacting a lawyer who is experienced.
Work with Our Attorney’s
Tenina Law is ready to assist you in avoiding delays and securing a fair settlement as quickly as possible. We will make sure that the insurance companies do not delay your settlement and treat you fairly. We offer a free consultation so you can learn more about how we can assist.