Can I Seek Compensation for Emotional Distress From My Accident?

Suffering an injury affects every aspect of your life, your daily routine may be changed, you may be in serious pain, and you also may be suffering mentally. The emotional and psychological aftermath of an accident can often fly under the radar, however it can often be equally as debilitating as any physical injuries that you may have suffered. Everyone knows that you are entitled to seek compensation for your physical injuries, but what about the emotional damages you have received? In this article we 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?

Here in Utah, the law recognizes pain and suffering and allows victims to seek compensation for emotional distress as part of their personal injury claims. Emotional distress damages are also commonly known as non-economic damages. These damages compensate victims for the psychological impact of an injury. These psychological injuries can include anxiety, depression, fear, insomnia, loss of enjoyment of life, and post traumatic stress disorder (PTSD). Where economic damages can be easy to place value on as they are real tangible losses, non-economic damages can be harder to place an accurate assessment, making the use of professionals who understand pain and suffering vital to a personal injury case.

Proving Emotional Distress in Utah

Proving emotional distress can be challenging due to its subjective nature. If you are suffering from emotional distress you must provide evidence that your emotional damages are real, significant, and directly caused by the incident in question. This evidence can include:

  • Medical records from psychologists or psychiatrists
  • Testimonies from mental health professionals
  • Personal journals or diaries
  • Testimonies from family, friends, or co-workers who have observed your suffering

Limitations and Caps on Damages

It is important to note that Utah imposes certain limitations on non-economic damages in personal injury cases. According to Utah Code §78B-3-410 the cap for non-economic damages is $450,000, this limit was set in 2010 and can be adjusted over time. However, these caps do not apply to all personal injury claims, rather specific damages. The specifics of these limitations can be complex, and consulting with a skilled personal injury attorney is essential to understand how these caps may affect your case.

How To Claim Emotional Distress Damages

To claim emotional distress damages in Utah, follow the following steps:

Document Your Emotional Distress:

Keep detailed records of your emotional state, including visits to mental health professionals, medications prescribed for psychological symptoms, and any personal notes on how your life has been affected. Consider keeping a journal to help document your emotional well being.

Seek Professional Help:

Consulting with a psychologist or psychiatrist can provide you with much needed guidance during a traumatic period of your life. Along with their expert knowledge on learning to cope with these new found issues, mental health professionals can also provide professional documentation of your emotional distress, adding credibility to your claim.

Consult With a Personal Injury Attorney:

An experienced injury attorney can guide you through the legal process, help you gather necessary evidence to help strengthen your case, and argue your case for emotional distress damages effectively. Insurance companies will always try to minimize your injuries, especially if they can be difficult to prove. A personal injury attorney will make sure that all aspects of your case have been taken into account, and that the insurance company will pay its fair share.

The emotional damages and distress that you have gone endured can play a significant part of your personal injury claims. Although these damages are less tangible than economic losses, they are no less real, and the law provides you with the necessary avenues for compensation. If you or someone you know has been in an accident and you are experiencing emotional distress, let the car accident lawyers at LifeLaw Personal Injury help you get the settlement that you deserve. Our team of experts will take every part of your case into account, emotional damages, pain and suffering, lost wages, and physical injuries, and will fight with the insurance company to ensure that you get the compensation that you are entitled to. Contact the legal experts at LifeLaw Personal Injury today for a free consultation and to discuss your options further. 801-206-4002