The Impact of Emotional Distress on Your Personal Injury Claim 

February 10, 2025 | Personal Injury

The Impact of Emotional Distress on Your Personal Injury Claim

When you get hurt in an accident, it’s not just your body that can suffer. Sometimes, your mind and emotions are affected too. Emotional distress can make life harder, and it’s something you can include in your personal injury claim. It’s important to understand how emotional distress works in a claim and how it can affect the money you might get.

This blog explains what emotional distress is, why it matters in a personal injury case, and how you can show it’s a part of your injuries.

What Is Emotional Distress?

Emotional distress is the mental and emotional pain caused by an accident. It includes feelings like fear, anxiety, sadness, or even trauma. For example, someone in a car crash might feel too scared to drive again, or someone hurt in a fall might feel embarrassed and avoid public places. Emotional distress isn’t visible, but it’s very real and can change how you live and enjoy your life.

How Emotional Distress Can Affect Your Claim

In a personal injury case, emotional distress is considered a type of damage. Damages are the things you ask for money to cover, like doctor bills or missed work. 

Here are some ways emotional distress can affect your claim:

  • Severity of Distress: If your emotional pain is severe, you might get more money. Serious conditions like PTSD can make your claim worth more.
  • How Long It Lasts: Emotional distress that lasts for months or years can increase the amount of money you ask for.
  • How It Affects Your Life: If your distress makes it hard to work, spend time with family, or do things you enjoy, it’s a big part of your claim.
  • Proof of Emotional Distress: You’ll need to show how the accident caused your distress. Things like medical records or statements from therapists can help.

Emotional distress is a non-economic damage, which means it’s harder to put a dollar amount on, but it still matters.

How to Prove Emotional Distress

Proving emotional distress can be tricky because it’s not something you can see. 

But there are ways to show how it has affected you:

  • Medical Records: If you’ve seen a therapist or doctor about your feelings, their notes can show your emotional distress.
  • Personal Journal: Writing down your feelings after the accident can help show how you’ve been struggling.
  • Witness Statements: Family or friends who notice changes in your behavior can share what they’ve seen.
  • Expert Testimony: A mental health professional can explain how the accident has impacted your mental health.

These pieces of evidence can help show that your emotional distress is real and deserves compensation.

Can Emotional Distress Be Part of Any Injury Claim?

Yes, emotional distress can be part of most personal injury claims. 

Here are some examples:

  • Car Accidents: Feeling anxious or scared to drive after a crash is common.
  • Slip and Falls: Falling in public might make someone feel embarrassed or worried about going out again.
  • Workplace Injuries: A serious injury at work can leave someone feeling stressed or overwhelmed.
  • Medical Malpractice: A medical mistake might cause fear about trusting doctors again.

No matter what type of injury, emotional distress can play a big role in your case.

How Emotional Distress Impacts Your Settlement

Emotional distress can increase the money you recover in a personal injury claim. Lawyers and insurance companies often use a “multiplier” to calculate non-economic damages. For example, if your medical bills total $20,000 and a multiplier of 3 is used, you could receive $60,000 for emotional distress, making your total $80,000.

Why a Lawyer Can Help

Dealing with emotional distress is hard enough without trying to navigate a legal claim on your own. 

A personal injury lawyer can:

  • Gather Evidence: They’ll help collect proof of your emotional distress, like medical records or expert opinions.
  • Negotiate: Insurance companies might try to downplay your emotional suffering. A lawyer can fight for fair compensation.
  • Guide You: They’ll make sure you don’t miss deadlines or forget important steps in your case.

Having an experienced lawyer can make a big difference in how much money you recover.

Contact the Arizona Personal Injury Lawyers at Runion Personal Injury Lawyers Today

Emotional distress isn’t something you should ignore after an accident. It’s a real part of your injuries and can have a big impact on your personal injury claim. From anxiety to depression, emotional pain matters, and you deserve compensation for it. If you were injured in an accident in Phoenix, AZ, and need legal help, contact our Phoenix personal injury attorneys at Runion Personal Injury Lawyers to schedule a free case review today.

Runion Personal Injury Lawyers
3200 N Central Ave Suite 1100, Phoenix, AZ 85012
(602) 600-9000