Any time someone causes an accident by acting in a reckless, careless, or illegal way, it is likely that people involved will have standing to demand compensation for accident-related damages. In addition to losses with objective financial values, like medical bills and lost work income, it is possible to seek money for damages without subjective financial values.
Determining whether your personal injury claim can include emotional distress as a compensable loss can be more complicated than you might expect. Our team could provide an overview of how state law and court precedent in Pennsylvania approach this aspect of personal injury litigation.
It is only possible to recover civil compensation for emotional distress after an accident if you can prove the accident has severely harmed your mental health. More specifically, you need to show that your emotional distress has significantly interfered with your daily life, reduced your overall quality of life, or affected your personal finances.
You can prove the existence of harm caused by emotional distress with evidence like medical records, testimony from mental health experts, and testimony from family members and friends about how you have changed since your accident. If you are unable to work and lose your job due to post-traumatic stress from a serious accident, you may also be able to use that as evidence that you have experienced legally actionable trauma.
In Pennsylvania, it is sometimes possible to sue for negligent infliction of emotional distress even if you were not physically injured—for example, if, after witnessing a family member suffer a serious injury in a car crash, you experienced psychological trauma. Similarly, if you suffer serious mental anguish due to emotional abuse or being victimized by a crime, such as fraud, you may be able to demand compensation for the intentional infliction of emotional distress without an accompanying physical injury.
If you have further questions about whether a personal injury claim can include emotional distress and how you would go about demanding compensation for this unique type of harm, a seasoned personal injury lawyer can answer them during a confidential consultation. Call today to set up a meeting.