Does Personal Injury Include Emotional Distress?
If you are injured in an accident caused by a third party’s negligence, breach of duty, or intentional act, you are entitled to receive compensatory damages. These damages are not only meant to compensate you for your monetary losses, but also for the pain and emotional distress you suffered as a result of your injuries.
Non-Economic Damages in a New York Personal Injury Claim
Non-economic damages – also referred to as non-monetary or intangible damages – are meant to compensate you for the physical, psychological, and emotional impact of your injuries. These might include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Emotional Distress from an Accident – What You Need to Know
When you are injured in an accident, it affects you on a physical as well as psychological level. Even if the physical pain caused by the injury subsides, the emotional anguish caused by the injury might linger on for a long time.
For instance, if you are seriously injured in a car accident, you might have to take time off work for an extended period of time. You might be worried about your career and concerned about whether you might be able to work again and provide for your family. These are very real, common concerns we help our clients with all the time.
Due to the fact that you might have to depend on someone else to perform day-to-day activities like showering, toileting, and grooming, you might feel frustrated and helpless, which in turn can have an adverse impact on your self-esteem and self-worth.
More importantly, studies show that victims of automobile accidents tend to develop anxiety and post-traumatic stress disorder, as a result of which they might find it difficult to drive or even ride in a car ever again. The very idea of driving or riding in a car can trigger feelings of intense anxiety and fear, which can cause you to panic and push you into feeling trapped.
How to Prove Emotional Distress in a New York Personal Injury Claim
An experienced New York personal injury attorney can prove the emotional distress caused by your injuries with the help of the following evidence.
- Reports from psychologists, psychiatrists, and mental health counselors
- Prescriptions (if you have been prescribed medications for your anxiety, PTSD, or depression)
- Statements by your family members, friends, and coworkers explaining the change in your mental state after the accident
Our Experienced NYC Personal Injury Lawyers Can Fight to Maximize Your Non-Economic Damages
At the Law Offices of Michael S. Lamonsoff, we know that a traumatic event like a car accident – or any other kind of accident for that matter – can affect you physically as well as psychologically. Our legal team has over 100 years of combined experience in handling personal injury claims and has recovered more than half a billion dollars for our clients over the years.
We can assess your claim, determine the extent of your injuries as well as emotional distress, negotiate aggressively with the at-fault parties, and go the extra mile to recover every single dollar you are owed.
Call us today at 212-962-1020 or contact us online to schedule a free and confidential consultation with one of our experienced NYC personal injury attorneys.