If you’ve had an accident, it’s fairly simple to calculate damages for things such as property damage and medical bills. But what about emotional distress? It’s simply not as easy to prove. And even if you manage to prove emotional distress, how much are those damages worth?

Below, Charlotte, NC’s personal injury lawyer explains what you need to know about recovering damages for emotional distress.

What Is Emotional Distress?

Emotional distress (also called mental anguish) is any type of mental suffering you experience as a result of an accident. It can include:

  • Anxiety
  • Depression
  • Insomnia
  • Torment
  • Humiliation

Physical pain is not the same thing as emotional distress, although pain can cause emotional distress. Depending on your case, you may be able to sue for both emotional distress and pain and suffering.

Types of Emotional Distress

There are three main kinds of emotional distress: negligent, intentional, and loss of consortium. We’ll cover each of these next.

Negligent Infliction of Emotional Distress

If you suffer mental anguish because of someone else’s negligence, this is called negligent infliction of emotional distress. According to the “zone of danger” doctrine, you can recover damages for negligent infliction of emotional distress even if you didn’t suffer any physical harm.

To successfully win emotional distress compensation under the “zone of danger” doctrine, you must:

  • Prove that you were in close proximity to the accident or involved in the accident.
  • Show that you genuinely feared for your safety and that the fear was reasonable given the circumstances.
  • Prove a direct link between the defendant’s conduct and your emotional distress.
  • Provide objective evidence of your emotional distress. This could include testimony from mental health professionals or medical records.

Intentional Infliction of Emotional Distress

Intentional infliction of emotional distress is rarer than the negligent variety. You can only make a claim for this type of emotional distress if someone intentionally harmed you emotionally.

For instance, let’s say a burglar broke into your home. Even though they didn’t hurt you, you (rightfully) feared for your safety. The burglar had to have known their crime would cause you distress. Therefore, you could likely seek compensation for emotional distress.

Loss of Consortium

If your spouse, child, or parent was injured in an accident, you may be able to sue for loss of consortium. You can recover damages for the loss of:

  • Love and affection
  • Intimate relations
  • Comfort
  • Companionship
  • Moral upbringing
  • Guidance
  • The ability to have children
  • The ability of the victim to perform tasks around the home

For example, assume that your spouse broke their back in a motorcycle crash despite following motorcycle safety rules. Now, they can no longer work or help you care for your children. You could sue the at-fault driver for loss of consortium.

Recovering Damages for Distress

If you wish to recover damages for emotional distress, you’ll need to gather plenty of proof to back up your claim. You can’t simply say that you’ve suffered emotional distress and expect the insurance company to take your word for it.

You may have medical records and photos of your injuries that you can use to substantiate your emotional distress claim. Your lawyer can help you gather the proof you need.

Next, your attorney will send a demand letter to the insurance company. They should wait to do this until after you’ve reached maximum medical improvement (MMI). This means that doctors don’t expect you to recover further.

How Is Emotional Distress Compensation Calculated?

Damages for mental anguish are tricky to calculate because, unlike lost wages and medical bills, they have no inherent value. To calculate the value of your emotional distress claim, your lawyer will consider:

  • How intense your distress is
  • How long the distress is expected to last
  • Related physical harm
  • A doctor’s diagnosis of emotional trauma

Once your lawyer determines the value of your emotional distress, they’ll send a demand letter to the insurance company. However, the insurance company likely won’t pay the exact amount you’re asking for. It will want to do some calculations of its own.

The insurance company will add up your economic damages, then multiply them by a figure ranging from 1.5 to 5 to arrive at your compensation offer.

We Help Clients Make Legal Claims for Emotional Harm

Navigating emotional distress settlements can be stressful, but Yale Haymond Law PLLC is here to help. Need guidance on recovering damages for emotional distress? Want to know whether you must pay tax for a wrongful death settlement? Call us at (704) 800-HELP for a free consultation now.