Emotional distress is a frequently overlooked personal injury. Being involved in a traumatic event such as a car accident can cause tremendous emotional suffering, negatively impacting your life just as much as any physical injury. But because emotional distress is an “invisible injury,” it can be difficult to prove when you make a legal claim.
Worried about how to prove emotional distress in your Las Vegas injury claim? Get in touch with THE702FIRM Injury Attorneys today. With decades of personal injury experience and more than $112 million in total compensation recovered for our clients, our sympathetic lawyers will help gather the evidence you need for a persuasive emotional distress claim. Call our office or visiting our contact page for a free consultation.
What is Emotional Distress?
Emotional distress encompasses all of the ways that an accident or injury harms you psychologically. Many people suffer emotional harm after an accident, such as increased anxiety, stress, difficulty sleeping, and post-traumatic stress disorder (PTSD). It’s one of the many different categories of compensation you can include in a personal injury insurance claim or lawsuit.
Common Types of Emotional Distress
Some common examples of emotional distress include:
- Anxiety
- Depression
- Insomnia
- Guilt or shame
- Increased stress
- Feelings of anger
- Racing thoughts
- Obsessive thoughts
- Suicidal thoughts
- PTSD
How Do I Win a Claim for Emotional Distress?
The biggest obstacle to obtaining compensation for emotional distress is proving that you were harmed. You’ll need thorough documentation of specific emotional damage you’ve suffered, as well as how the emotional distress impacts your daily life.
You’ll also need to demonstrate evidence of bodily harm, as successfully recovering compensation for emotional distress generally requires an accompanying physical injury.
Evidence of Emotional Distress
Some evidence that can be used as proof of emotional distress includes:
- Your own testimony
- Accounts from your friends and family
- Keep a journal documenting your emotional distress
- Expert testimony
- Medical records to substantiate your accompanying physical injuries
Intentional vs. Negligent Infliction of Emotional Distress
A claim for emotional distress can be based on either intentional harm or negligent behavior.
Intentional infliction of emotional distress is when someone’s purposeful or reckless actions are almost certain to lead to emotional harm. This would apply in extreme cases, such as physical assaults and battery.
Negligent infliction of emotional distress is when someone did not mean to cause you harm, but their actions led to some kind of emotional distress anyway. This applies to most car accidents and other injuries that stem from someone’s careless behavior.
Are there Caps on Emotional Distress in Nevada?
Except in a few rare instances, such as medical malpractice claims, there’s no cap on compensation for emotional distress in Nevada. If you suffered severe mental anguish due to a crash caused by someone else’s negligence, you could be eligible to seek full and fair compensation from the at-fault party.
Do I Have a Case?
Car accidents and other kinds of personal injuries are traumatic experiences, regardless of the degree of physical harm you’ve suffered. Therefore, many personal injury claims entail some form of emotional distress. A Las Vegas personal injury lawyer from THE702FIRM Injury Attorneys can tell you if you have a case for emotional distress or not.
How Can THE702FIRM Injury Attorneys Help Me?
Proving emotional distress claims can be a challenge, so be sure to get help from an experienced personal injury attorney who knows what it takes to build a persuasive claim. Look no further than THE702FIRM Injury Attorneys. We’ll handle your case with the respect and dignity it deserves. Call or contact us today.
