When you have been injured every aspect of your life can be affected. Your day to day routine may be completely changed, you may suffer from pain constantly throughout the day, and your emotions may be much harder to control leading you to suffer mentally. When you have been involved in an accident the emotional and psychological aftermath often flies under the radar as we tend to focus on the physical injuries that arise from the accident.
The majority of people know that you are entitled to seek compensation for your physical injuries, but are you able to seek compensation for the emotional damages you have received? In this article, our Salt Lake City personal injury lawyers will be shedding light on what emotional damages are, and how to navigate a pain and suffering claim to receive the full compensation that you are entitled to for your suffering.
What Are Emotional Distress Damages?
In Utah, the law recognizes pain and suffering (physical discomfort and emotional distress) and allows a victim to seek compensation for the emotional distress they have suffered as part of their personal injury claim. Emotional distress damages are also commonly known as non-economic damages. These damages include psychological injuries such as anxiety, depression, fear, insomnia, loss of enjoyment of life, and post traumatic stress disorder (PTSD). Economic damages are easy to place value on as they are real tangible losses like damage to your car or a broken bone, but a non economic damage is much harder to place an accurate assessment. In order to properly evaluate your non-economic damages your personal injury attorney will have to make use of medical professionals who understand pain and suffering.
Proving Emotional Distress in Utah
Establishing and proving the emotional damages you have suffered from can be challenging due to its subjective nature. Unlike physical injuries that you can see, emotional damages are not tangible, this means that you will require extensive evidence to establish your emotional distress. If you notice yourself feeling any of the psychological injuries listed above let your attorney know so that they can start establishing evidence of your emotional distress. The evidence they will gather will include:
- Medical records from psychologists or psychiatrists
- A testimony from a mental health professional
- Entries from a personal journal or a diary
- Testimony from any family, friends, or co-workers who have observed your suffering and can vouch for a change in your character.
Limitations and Caps on Damages
It is important to know that Utah does impose certain limitation on non-economic damages in a personal injury case. According to Utah Code §78B-3-410 the cap for non-economic damages is $450,000, this limit was set in 2010 and as time goes on it can be adjusted. However, these caps do not apply to all personal injury claims but rather specific damages. The specifics of these limitations can be complex, and contacting a skilled Salt Lake City personal injury attorney is essential to understand how these caps can affect your case.
How To Claim Emotional Distress Damages
In order to claim emotional damages in your personal injury case you will need to take the following steps:
Document Your Emotional Distress:
If you notice that you are feeling depressed, anxious, feelings of PTSD, or having trouble sleeping after the accident try to keep detailed records of your emotional state. Keep a journal of how you are feeling day to day and include information about visits to any mental health professionals, medications you have been prescribed for psychological symptoms, and leave any notes on how your personal life has been affected. Consider keeping a journal to help you document your emotional well being.
Seek Professional Help:
If you have noticed a decline to your mental health it is crucial that you seek help. Psychological injuries are just as important as physical injuries and seeking the proper care can greatly help your mental state after an accident. Consult with a psychologist or a psychiatrist if you’re feeling distressed after your accident. Their expert knowledge will be crucial for your well being as they have expert knowledge on how you can learn to cope with your new found issues.
Additionally, a medical health professional will be able to document your emotional distress, adding credibility to your claim.
Consult With a Salt Lake City Personal Injury Attorney:
When you have been injured in an accident and it was not your fault, consulting with an experienced Salt Lake City personal injury attorney. Your attorney will be able to work to gather all of the necessary evidence to strengthen your case, and argue for emotional distress damages effectively. An insurance company will always try to minimize the injuries you have suffered, especially if they are not tangible. Your Salt Lake City personal injury attorney will fight to ensure that all aspects of your case are taken into account, and that the insurance company will pay its fair share.
The emotional distress and damages that you have endured can play a significant part of your personal injury claim. Although these damages are less tangible than economic losses, they are no less real, and Utah law provides you with the necessary avenues for compensation. If you or someone you know has been involved in an accident and is experiencing emotional distress, let the personal injury attorneys at LifeLaw Trial Lawyers help you get the settlement you deserve. Our team of expert personal injury attorneys will take the reigns of your case and ensure that you get the compensation you deserve so you can focus on what is really important, your recovery. Let our team fight for you and get the compensation you are entitled to. Contact the legal experts at LifeLaw Trial Lawyers today for a free consultation and to discuss your options further.
