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Seeking Compensation for Emotional Distress: When and How It Applies

Experiencing an accident or traumatic event can leave lasting emotional scars. Seeking compensation for emotional distress is just as real and challenging as recovering from a physical injury.

Which leads to an important question: when is pursuing a claim for emotional distress the right course of action for victims?

Pursuing compensation for emotional distress isn’t always straightforward. However, with the right legal guidance, you can build a strong case. A well-prepared claim can help recover damages for the psychological toll of your injury.

At Cohn & Swartzon LLP, a personal injury law firm in Southern California, we’ve worked with countless clients who have suffered emotional distress as the result of an accident or injury.

Pursuing a successful claim, however, requires an acute understanding of what emotional distress is – and what qualifies as “pursuable” under California law.

Thinking about seeking compensation for emotional distress? Therefore, understanding legal requirements and gathering the right evidence is essential.

What Qualifies as Emotional Distress?

Emotional distress is mental suffering or negative emotional responses caused by a specific experience or event. 

Symptoms of emotional distress can include:

• Anxiety or Depression
• Irrational Fear or Panic Attacks
• Feelings of Guilt or Shame
• Insomnia or extreme fatigue
• Increased use of mood-altering substances
• Unexpected weight loss or weight gain

Emotional distress is sometimes used synonymously with “pain and suffering,” which isn’t exactly correct in the legal realm. Emotional distress falls under the umbrella of pain and suffering, but the latter also includes physical pain. 

Let’s say, for example, that you were the victim of a car accident. In this accident, you broke your leg, but now you also have insomnia. Insomnia may be a symptom of emotional distress. However, the broken leg would be included as part of pain and suffering compensation.

Personal injury lawsuits can include two types of emotional distress: intentional infliction and negligent infliction

Intentional Infliction of Emotional Distress

In California, victims can pursue a claim for intentional infliction of emotional distress if the defendant’s conduct is extreme and outrageous.

The defendant must have intended to cause, or recklessly disregarded the probability of causing, emotional distress that no reasonable person should be expected to endure.

In simple terms, simply hurting someone’s feelings is not enough to support a claim or lawsuit for emotional distress. Extreme or outrageous behavior that causes provable harm to an individual can serve as grounds for a claim.

Negligent Infliction of Emotional Distress

Unlike intentional infliction, plaintiffs in California can claim negligent infliction of emotional distress even without physical harm.

In litigation, the judge typically decides if a duty was owed to the plaintiff as a direct victim. If contested, special instructions will be provided for the jury to address the dispute.

When is Suing for Emotional Distress the Right Choice?

It’s rare for an attorney to file a claim or lawsuit based on emotional distress or pain and suffering alone. 

You’ll almost always need proof of economic damages. Examples are repair costs, medical costs, and other damages to demonstrate the severity of your experience.

Once economic damages are established, your attorneys can build a strong case for emotional distress and other non-economic damages as part of your overall claim.

For example, if you’ve sought therapy or counseling due to the incident, your attorneys can present those services as evidence of emotional distress.

Case Study: Emotional Distress in a Motorcycle Accident Case

Our client was riding a motorcycle on his way to work at a local theme park where he had been employed for many years. Without warning, a motorist exited a parking lot directly in our client’s path of travel. Unable to avoid the impending collision, our client’s motorcycle struck the car, and our client was catapulted through the air, landing on the vehicle and unforgiving asphalt. 

Subsequently, this horrific accident resulted in a $1.25 million settlement of all available insurance proceeds and was able to help compensate our client for the pain, emotional distress, and lost income he endured.

Cohn & Swartzon LLP Experience with Emotional Distress Claims & Lawsuits

In our experience as personal injury attorneys in Southern California, emotional distress plays a crucial role in many claims. It is a key component of non-economic damages. 

While Cohn & Swartzon LLP does not handle cases solely for emotional distress or pain and suffering, our team works tirelessly to highlight the real struggles our clients face. This helps maximize compensation and lay the groundwork for restoring their normal lives.

“Just like physical injuries from an accident, emotional distress can have long-lasting effects on a victim’s ability to recover and get their lives back to normal. We work closely with clients to discover and present evidence of their non-economic damages to hold the parties who are at fault accountable.”

– Saar Swartzon, Founding Principal, Cohn & Swartzon Injury Attorneys

In fact, if you are suffering from emotional distress as the result of an accident or someone’s negligence, speaking to a knowledgeable attorney as soon as possible could be life changing. While emotional distress can be difficult to prove in some circumstances, an attorney can analyze the merits of your claim and help you choose the best course of action, which may include litigation to secure compensation.

Schedule a free consultation with Cohn & Swartzon LLP to learn more about emotional distress and how it pertains to your personal injury case.

Ready to take the next step towards healing and justice?

Call us at 714-547-5100 or click here to schedule a free assessment of your case with the Cohn & Swartzon LLP team. Remember, you are worthy of healing and justice.

Cohn & Swartzon LLP

Putting together the pieces – physical, mental, emotional & financial – so you feel whole again.

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