Emotional distress and whether it’s covered as pain and suffering

| Jun 21, 2020 | Motor Vehicle Accidents

Judges, juries and insurance companies generally don’t award compensation for emotional distress, except in cases with severe injuries. How much a plaintiff may receive as a settlement may vary significantly from one case to the next.

Emotional distress can be part of the pain and suffering portion of an accident settlement. It often falls under the category of mental anguish.

If you find yourself suffering from stress headaches post-accident that have no physical cause, then it’s unlikely that they’ll fall under the definition of emotional distress. A person must experience severe symptoms such as insomnia, depression, anguish, torment, anxiety or humiliation due to the injuries that they suffer in an accident to be able to claim damages for emotional distress.

A plaintiff must demonstrate that what they’re feeling isn’t temporary or fleeting to qualify to file an emotional distress claim. The plaintiffs must also prove that the defendant’s conduct caused the distress. Most states require a plaintiff to prove that their crash also resulted in a physical injury for them to be able to file an emotional distress claim.

Any spouse or close loved one may also be able to file a loss of consortium claim, which is another type of emotional harm. A plaintiff may be able to recover monetary compensation if they’re able to prove that the accident cost them the love and support of their parent or made it impossible for them to enjoy their spouse’s companionship.

You may be entitled to financial compensation if you’ve experienced emotional distress due to injuries you’ve suffered in an Augusta car accident. There’s a direct connection between the profoundness of your loss and how much in monetary relief you’re apt to receive. An attorney can help you understand whether you qualify to file an emotional distress claim in your case.