Did you know…
Your emotional trauma could be worth just as much as your physical injuries. If not more.
Here’s the problem:
The vast majority of personal injury victims are clueless about emotional distress damages. They assume personal injury claims are only about broken bones, medical expenses, and lost wages.
They are totally wrong.
2024 saw a rise in courts awarding real compensation for the psychological toll an accident can take. Accidents are not just about the physical toll, the emotional and psychological trauma is increasingly important.
If you don’t believe me, check out some jaw-dropping statistics:
Over 57 million Americans with a mental illness were affected in 2024. For these people, being in an accident can lead to significant emotional distress and even mental health conditions that persist long after the accident.
Here’s what you’ll learn:
- What Is Emotional Distress in Personal Injury Law?
- The Two Main Types of Emotional Distress Claims
- Courts Calculating Emotional Distress Damages
- Proving Your Emotional Distress the Right Way
What Is Emotional Distress in Personal Injury Law?
Emotional distress damages refer to the psychological impact a personal injury accident has on your life.
This is more than simply being “a little upset” after an accident. We’re talking about legitimate, diagnosed mental health conditions that have an impact on your life, job, and relationships.
These are some examples of what emotional distress may include:
- Post-traumatic stress disorder (PTSD)
- Depression and anxiety
- Loss of enjoyment of life
- Sleep disorders and nightmares
- Social withdrawal and isolation
What’s important to know:
The law calls emotional distress “non-economic” damage. Non-economic damages are losses you can’t really assign a specific dollar value to.
For example, no one can tell you exactly how much it “costs” to have PTSD. But courts and insurance companies are finally recognizing that psychological injuries deserve the same attention as physical ones.
In fact, the increasing trend of compensating emotional trauma has been building since 2020. This is one of the reasons personal injury cases are different these days than they were even 5 years ago.
If you have suffered serious injuries as a result of an accident, experienced Columbia personal injury lawyers can help you understand if emotional distress damages apply to your case and how to include them in your claim.
The Two Main Types of Emotional Distress Claims
There are two major types of emotional distress claims that you need to know about. These are:
Intentional Infliction of Emotional Distress (IIED)
This occurs when a defendant intentionally tries to cause you psychological trauma. This type of emotional distress happens because of truly outrageous or extreme conduct.
Here are some examples of behavior that might lead to an IIED claim:
- Harassment or discrimination in the workplace
- Threats of physical harm or assault
- Deliberate humiliation or verbal abuse
In order to win an IIED claim, you have to prove the defendant’s behavior was extreme and outrageous. That is, it was behavior that would be intolerable to any reasonable person.
Negligent Infliction of Emotional Distress (NIED)
This is the most common type of emotional distress claim in a personal injury lawsuit. NIED is when someone’s negligent behavior unintentionally causes you to experience emotional trauma.
Here are some of the most common examples of NIED:
- Witnessing a horrific car crash
- Being involved in a serious accident
- Incidents of medical malpractice
The key difference with NIED claims is that you do not need to show the person intentionally meant to cause you emotional harm. Instead, you need to prove that their negligence was the direct cause of your emotional suffering.
Courts Calculating Emotional Distress Damages
Do you want to know how much your emotional trauma may be worth?
Courts use two main methods to calculate emotional distress damages. These are:
Multiplier Method
This is by far the most common method. Your economic damages (medical bills, lost wages, etc.) are multiplied by a number between 1.5 and 5.
If, for example, you have $10,000 in medical bills, the court could award you between $15,000 and $50,000 in emotional distress damages.
The factors that determine the multiplier include:
- The severity of your emotional trauma
- Duration of your emotional distress
- Impact on your day-to-day life
- Quality of medical documentation
Per Diem Method
Per diem translates to “by the day.” This method assigns a daily dollar value to your pain and suffering. The amount is multiplied by the number of days you have been affected.
For instance, if a court values your daily suffering at $100 and you have experienced 200 days of trauma, the emotional distress damages would equal $20,000.
Proving Your Emotional Distress the Right Way
Here’s the one thing most people get wrong:
Emotional distress is not a visible, physical injury like a broken leg. You can’t just point to your emotional distress and say “there’s my injury.”
So how do you prove something you can’t show?
Medical Documentation is Everything
You need professional mental health records. This includes:
- Notes from therapy sessions
- Psychological evaluations
- Prescription medication records
- Treatment plans and progress reports
If you do not have the proper medical documentation, your emotional distress claim is toast.
Keep a Daily Journal
Write down how you feel, every single day. Document:
- Sleep problems and nightmares
- Panic attacks or anxiety episodes
- Activities you can no longer enjoy
- Changes in your relationships
This creates a timeline showing the accident’s impact on your mental health over time.
Get Witness Statements
Family, friends, and coworkers can testify about the changes in your behavior since the accident. These are important third-party witnesses that can support your emotional distress claim.
Witness statements should show your emotional distress is real and significant.
The Growing Trend in Mental Health and Personal Injury Law
Something big is happening in courtrooms around the country…
The legal industry and courts are taking mental health much more seriously in personal injury cases. This is translating into a lot more victims getting the compensation they deserve for their psychological trauma.
The obvious question is, why is this only becoming a big deal now?
Well, society’s understanding of mental health has changed a ton. We now know that emotional and psychological trauma can be every bit as debilitating as physical injuries.
Insurance companies are starting to realize emotional distress is a legitimate aspect of a personal injury settlement. They want to pay, just like they have always wanted to pay.
Challenges in Pursuing Emotional Distress Claims
Let’s be real…
Proving emotional distress is hard. Insurance companies will challenge the severity of your distress. They will also try to point to any pre-existing mental health conditions you may have had before the accident.
And that is precisely why the medical documentation is so important.
Maximizing Your Recovery
Want to know how to get the maximum amount of compensation you deserve?
Immediately after your accident, start receiving mental health treatment. Be completely honest with all providers about how you are feeling.
Keep careful records of everything from medical appointments, medication costs, therapy sessions, and how your life is different now.
Wrapping It All Up
Emotional distress damages are an essential but often overlooked aspect of personal injury law. The law is finally evolving to understand that psychological trauma is just as harmful as physical injuries.
Courts and insurance companies are starting to pay out real compensation for the mental anguish that accidents cause victims.
But here’s the bottom line:
Fair compensation for emotional distress damages requires proper documentation, expert medical support, and a clear understanding of how these types of complex claims work. The evidence you gather and how you present your case to a jury or insurance company can make all the difference in the world.
If you have experienced emotional trauma as the result of an accident, you are not alone. Don’t minimize the way it has affected your life. Your emotional injuries are just as real as any physical injuries you have sustained.
