When someone is injured due to the negligence of another, the physical injuries are often the primary focus. However, personal injury claims can also involve emotional distress, which can be just as significant as physical harm. Emotional distress is the mental or emotional impact caused by the injury, and it’s an important factor in many personal injury cases in California. But how does emotional distress work in these claims, and what does a person need to know about pursuing this type of compensation?

What is Emotional Distress in a Personal Injury Claim?

Emotional distress refers to the mental suffering caused by an accident or injury. This can include anxiety, depression, fear, humiliation, and other psychological symptoms that arise as a result of the incident. In personal injury cases, emotional distress is typically claimed alongside physical injuries and can be a key component in calculating the overall damages.

In California, emotional distress claims are a form of non-economic damages, which are damages that don’t have a direct monetary value like medical bills or lost wages. Non-economic damages aim to compensate for intangible losses, and emotional distress falls under this category. These damages recognize that a person’s quality of life may be significantly affected by mental and emotional harm.

Proving Emotional Distress in a Personal Injury Case

Unlike physical injuries, emotional distress is more difficult to quantify. It is subjective, which means that the person making the claim must provide evidence that shows the emotional suffering they experienced as a result of the injury. In California, there are specific legal standards for proving emotional distress in a personal injury case.

To make a valid claim, the injured person must typically demonstrate the following:

The Injury Was Caused by the Defendant’s Actions
The plaintiff must prove that the emotional distress was caused by the actions of the person or entity being sued. In other words, they need to show that the defendant’s negligence or wrongful actions directly led to the emotional harm. For example, if a car accident was caused by a reckless driver, and the accident led to anxiety, the emotional distress could be tied to the defendant’s driving behavior.
Severe Emotional Distress
Emotional distress must be substantial, not just a temporary feeling of upset or frustration. California law often requires the emotional harm to be significant enough that it impacts daily life. This might include ongoing symptoms like sleep disturbances, frequent anxiety, depression, or an inability to perform normal activities.
Corroborating Evidence
Since emotional distress is a subjective experience, it’s essential to present corroborating evidence. This could include medical records, psychiatric evaluations, therapy sessions, and testimony from mental health professionals. The more detailed the documentation, the stronger the claim will be.
Connection Between Emotional Distress and the Injury
A key part of proving emotional distress is linking it directly to the physical injury. For example, if someone is injured in a car accident and later experiences severe anxiety when driving, that emotional distress must be connected to the accident and not to other factors.

The Types of Emotional Distress Claims

In California, emotional distress claims can be classified into two broad categories:

Direct Emotional Distress
This is the type of emotional harm that arises directly from the injury itself. For instance, if someone is physically hurt in an accident and suffers from depression or post-traumatic stress disorder (PTSD) as a result, this would be considered direct emotional distress.
Bystander Emotional Distress
California also recognizes claims for emotional distress suffered by someone who witnesses an injury to another person. For example, if a person sees a loved one seriously injured in an accident, they may experience emotional distress even though they weren’t physically harmed. This is often seen in cases involving traumatic accidents or injuries, where the emotional impact on witnesses is significant.

How Emotional Distress Damages Are Calculated

Unlike economic damages, which can be measured based on receipts, bills, and wages, calculating emotional distress damages is more challenging. In California, the courts use various methods to determine compensation for emotional distress, considering both tangible and intangible factors.

Here are a few common approaches:

Severity of the Emotional Distress
The extent of the emotional suffering is critical in determining damages. Courts consider how the distress has affected the victim’s life, such as their ability to work, engage in social activities, and maintain relationships. The more severe the emotional toll, the higher the potential compensation.
Duration of the Emotional Distress
If the emotional distress is temporary and fades over time, the damages may be lower than if the emotional suffering is long-lasting. Courts consider how long the symptoms have persisted and whether they are expected to continue in the future.
Impact on Physical Health
Emotional distress claims are also considered in the context of overall health. If the emotional suffering has led to physical symptoms like chronic pain, insomnia, or weight loss, this may increase the damages awarded. The connection between emotional and physical health is important in these cases.
Witness Testimony and Expert Opinions
Testimony from friends, family, or colleagues can provide insight into how the emotional distress has affected the plaintiff’s life. Additionally, expert opinions from therapists or psychologists can help demonstrate the severity of the emotional harm.

The Role of Insurance and Legal Representation

In California, emotional distress damages are typically covered by insurance if the injury is caused by the negligence of another party. However, insurance companies may be reluctant to offer a fair settlement for emotional distress claims because of the difficulty in proving them. Having experienced legal representation is crucial in these cases to ensure that emotional distress is properly evaluated and compensated.

Personal injury attorneys can help gather the necessary evidence, work with experts, and build a compelling case for emotional distress damages. They can also negotiate with insurance companies or represent clients in court if necessary.

Conclusion

Emotional distress claims are an important part of personal injury cases in California. While they are more challenging to prove than physical injuries, they are essential for ensuring that victims receive full compensation for the harm they have suffered. If you believe you have experienced emotional distress as a result of an accident, it’s important to consult with an experienced personal injury attorney who can guide you through the process and help secure the compensation you deserve.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.