The Oregon Uniform Civil Jury Instruction 70.02 states the [pain / mental suffering / emotional distress / humiliation] that the [plaintiff / defendant] has sustained from the time [plaintiff / defendant] was injured until the present [and that the (plaintiff / defendant) probably will sustain in the future as the result of the (plaintiff’s / defendant’s) injuries is a recoverable harm.
In personal injury cases, the primary focus is often on the physical injuries suffered by the victim. However, the emotional and psychological toll of an injury can be just as profound. Emotional harms are common in personal injury lawsuits, helping individuals seek compensation for the mental anguish and suffering they have endured as a result of an accident or injury.
What is Emotional Distress?
Emotional distress refers to the psychological, emotional, and mental suffering caused by an event or series of events. It can take many forms, including anxiety, depression, insomnia, post-traumatic stress disorder (PTSD), and chronic fear or grief. While physical injuries can often be seen and documented, emotional distress is more subjective and harder to quantify.
In a personal injury lawsuit, a claim for emotional distress is usually accompanied by a claim for physical injuries, but can also be the primary focus in some cases. It’s important to understand the difference between regular pain and suffering and emotional distress claims:
- Pain and Suffering: This refers to the physical discomfort and pain experienced due to a physical injury.
- Emotional Distress: This is the psychological impact that arises from an injury or traumatic event. Emotional distress can often have long-lasting effects on a person’s quality of life and daily functioning.
When Can You Claim Compensation for Emotional Distress?
In personal injury law, emotional distress can be claimed when a person experiences psychological harm due to another party’s negligence or wrongdoing. Here are some scenarios where emotional distress claims might be appropriate:
- Car Accidents: If after a car crash a person suffers from anxiety, PTSD, or severe depression due to the trauma of the accident, they may be eligible for emotional distress compensation.
- Workplace Injuries: In Oregon, compensation can be recovered for a mental disorder/stress claim. To prevail in these types of claims the injured worker would have to prove that the employment activity or condition is the major (more than 50%) contributing cause of the claimed injury.
- Medical Malpractice: When a healthcare provider’s negligence leads to harm, it can not only cause physical injury but also significant emotional trauma. For example, a misdiagnosis or surgical error that results in ongoing pain and suffering might lead to depression, stress, anxiety, or other medically recognized psychological conditions.
- Assault and Battery: Emotional distress claims are common in personal injury cases based on assault or battery. The trauma of being attacked or witnessing a violent act can cause long-term emotional damage.
- Defamation or Invasion of Privacy: In some cases, emotional distress can result from slander, libel, or an invasion of privacy, particularly if reputational damage leads to anxiety, depression, or social isolation.
How Do You Prove Emotional Distress in Court?
Proving emotional distress can be challenging because, unlike physical injuries, psychological harm doesn’t show up on imaging tests such as X-rays or MRIs. However, there are several effective ways you can substantiate an emotional distress claim:
- Testimony and Statements: The testimony of the injured party is crucial. The plaintiff should provide detailed accounts of how the injury or event has impacted their emotional well-being, their daily life, and relationships. This can include personal testimony and statements from friends and loved ones.
- Medical Evidence: Testimony from treating psychologist, psychiatrist, or counselors can be critical. Medical records showing diagnoses such as depression, anxiety, or PTSD can support an emotional distress claim. Therapy records, prescriptions, and treatment plans can provide concrete evidence of the impact on the plaintiff’s mental health.
- Behavioral Changes: Demonstrating how the injury has affected your behavior or lifestyle is valuable. This could include a loss of enjoyment in life, withdrawal from social activities, or a decrease in quality of life. These changes should be supported with documentation and witness accounts.
- Expert Testimony: If treating medical providers are not able or willing to testify, independent mental health professionals may be called upon to evaluate the psychological impact and compare it to typical trauma responses.
What Damages Can You Recover for Emotional Distress?
If your emotional distress claim is successful, you may be entitled to several types of damages, including:
- Compensatory Damages: These cover both the emotional and physical suffering caused by the injury. This may include the costs of therapy, medical treatments for mental health issues, and any lost past and future income due to being unable to work.
- Non-Economic Damages: Emotional distress is considered a non-economic (also known as “general”) loss. These damages are designed to compensate for intangible harm such as mental anguish, loss of quality of life, and loss of companionship or relationships.
- Punitive Damages: In some cases, if the defendant’s actions were particularly egregious (e.g., malicious, reckless, or intentional), punitive damages may be awarded to punish the defendant and deter future misconduct.
How Can You Strengthen Your Emotional Distress Claim?
If you are considering filing an emotional distress claim as part of a personal injury lawsuit, there are several steps you can take to strengthen your case:
- Seek Professional Help Early: Consult a mental health professional as soon as possible after the injury or traumatic event. Early diagnosis and treatment not only help in your recovery but also provide necessary documentation to support your claim.
- Document Your Symptoms: Keep a journal of your emotional and psychological symptoms. Record how the injury has impacted your daily life, relationships, and ability to work or perform regular activities. A journal can serve as a helpful tool for remembering and organizing your experience.
- Consult an Experienced Personal Injury Lawyer: Emotional distress claims can be complex and require a nuanced understanding of the law. A skilled personal injury lawyer can help you navigate the legal process, gather evidence, and ensure your claim is presented in the most effective way.
Conclusion
While emotional distress claims in personal injury lawsuits are often harder to prove than physical injury claims, they are a critical part of achieving justice for those who have suffered both physically and psychologically. If you or a loved one has experienced emotional distress due to an accident or injury caused by another party’s negligence, seeking legal counsel and pursuing compensation for the psychological toll may help you recover both emotionally and financially.
If you think you may have a case for emotional distress, it’s important to speak with a personal injury attorney who can guide you through the process and fight for your right to fair compensation.
