If you have been injured in an accident, it’s likely a very unpleasant experience. Unfortunately, though, accidents happen all the time. Injuries are often visible, with things like broken bones, cuts, and scars, or disabilities causing long-term problems for many people after accidents all over the country.
One of the things less often spoken about is the mental issues caused by these kinds of accidents. Maybe it’s because mental injuries are not visible, or maybe it’s because the discussion about mental health is only just becoming a common one. The emotional and mental issues can be even more stressful than the physical injuries. So, let’s take a deeper look at emotional distress, what it is, and whether you can sue for it.
What is Emotional Distress
As mentioned, the emotional side of these sorts of injuries can be even worse than the physical side. For example, it’s almost guaranteed that after some kind of injury, you will feel stressed and anxious about what comes next. If you are inexperienced, young, or simply worried about the after-effects of an injury, you will probably feel emotionally drained and upset about the whole process.
These feelings can last a long time. Some people suffer from ongoing serious mental issues after an accident. Maybe you were injured in a car crash and have an intense fear of driving, or maybe you even end up with strong agoraphobia after an incident, with the fear of suffering a further injury when leaving the house.
Emotional distress can be extremely severe, with the effects of it lasting far longer than a broken leg, for example. As the Houston personal injury lawyers over at Buckingham Barrera Vega explain, “This all happened because of someone else’s negligent actions—and if they hadn’t been negligent, you likely wouldn’t be experiencing this emotional distress.” This is why it is indeed possible to sue for emotional distress, either as part of a larger personal injury case or alone as its own case.
Accidents That Cause Emotional Distress
All sorts of accidents happen every day. In fact, there are over 400,000 personal injury claims every year in the US. With over 1,000 claims filed every day, it’s guaranteed that many of these include emotional distress within the case. Here are a few of the most common accident and injury types that cause emotional distress.
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Car Accidents
The most common type of injury claims across the country include accidents involving vehicles. Motoring incidents are generally scary affairs, which can often cause very severe injuries. This can lead to long-term worries about driving or using the roads, which could affect your job or lifestyle, meaning emotional distress could affect your quality of life.
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Workplace Injuries
When you go to work, you expect to be in a safe and protected environment. Therefore, if you are injured at work, it can cause serious emotional after-effects. If you are unable to return to work due to your emotional wellbeing, it may cause a huge loss of earnings.
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Medical Malpractice
Again, when treated in a hospital or any other medical setting, you expect to be looked after properly. Sadly, sometimes medical professionals make mistakes or cut corners, leading to long-term issues, including ones surrounding your mental health. These kinds of cases almost always include emotional distress clauses.
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Nursing Home Abuse
Sadly, some unkind care home staff take advantage of their clients or patients. This can lead to severe mental issues within your elderly loved one or relative, as they are frail and afraid of their careers. These cases usually include mental health or emotional distress claims, since taking advantage of the elderly is such a nasty thing to do!
Lawyers Can Help
At this point, you probably have a good idea of whether you have suffered emotional distress caused by an injury or not. If some of these feel applicable to you, it’s time to reach out to a lawyer. There are a few tips to follow when seeking out a lawyer.
Firstly, find someone local to you. A local lawyer is your best shot, as they will be aware of all the local laws, rules, courts, and previous cases of this type in your area. This gives them the upper hand when negotiating your case, using previous data to help build a stronger case.
Secondly, make sure your lawyer is specialized in personal injury claims similar to your own. Again, this is key due to the fact you only want an expert in injury law working on your case. They will be best placed to advise you and earn you the highest settlement possible.
Statute Of Limitations
Something to consider with personal injury claims – whether involving mental health or not – is the statute of limitations. This law states that, in most cases, you can only file a claim up to two years after the incident took place or the injury was discovered. This rule is in place because credible evidence is often lost or hard to come by after two years. So, if more than two years have passed, you can still speak to a lawyer, but you may not receive the same answers.
What Else Can Be Claimed For?
Emotional distress should always be claimed for in a settlement or court case. However, don’t forget the other things that should form the basis of your case. Loss of earnings, for example, should always be covered, alongside any medical bills or long-term care requirements. You can also claim for travel expenses related to any treatment, property damage, or pain and suffering. A good lawyer will help you build a case based on the evidence available, alongside your requirements.
Emotional distress or mental problems following an injury can clearly be just as important to claim for as physical symptoms or injuries. No matter how slight, you should always mention these things to your attorney. Remember, they have the experience and the knowledge to make this form part of your case, potentially leading to a much higher settlement. At the end of the day, every extra cent could help, so be honest and share your emotions with your attorney.
