In a personal injury case, the extent of the physical injury is not always the only factor that will determine the outcome. Although medical bills and lost wages are often the primary focus, emotional distress can also play a significant role in a personal injury case. If you have been injured in an accident in Pennsylvania, it’s important to understand how emotional distress can affect your case.
Emotional distress is a term that refers to any kind of psychological harm that a person may suffer as a result of an accident. This can include anxiety, depression, fear, insomnia, anger, humiliation, and other mental or emotional symptoms. In Pennsylvania, emotional distress is considered a type of pain and suffering, which is considered a non-economic damage that a victim may claim in a personal injury case.
There are two types of emotional distress that may be considered in a personal injury case. The first is called “negligent infliction of emotional distress,” which occurs when someone suffers emotional harm as a result of another person’s negligence or carelessness. The second is “intentional infliction of emotional distress,” which occurs when someone suffers emotional harm as a result of someone else’s extreme or outrageous conduct.
Determining the amount of compensation an accident victim may be entitled to receive when they are emotionally and psychologically harmed is not a precise science, but rather, hinges on a variety of factors. Although there is no exact formula, the three main factors that are often used to determine this type of pain and suffering in Pennsylvania include the type and extent of the injury, the age of the victim, and their life expectancy.
One way that emotional distress can be proven is through medical records. Sometimes, accident victims will seek psychological treatment to deal with the emotional scars left by their injuries. These medical records can be used to demonstrate how the injuries have negatively impacted the victim’s life and overall emotional wellbeing.
If you have been in an accident that has left you experiencing emotional distress, it’s important to seek the help of an experienced personal injury attorney who can guide you through the legal process and protect your rights. Emotional distress can be difficult to prove, and you need someone in your corner who can present compelling evidence in order to obtain the best possible outcome. As always, we are here to help you navigate the confusing and often complex world of personal injury law in Pennsylvania. Contact us today so we can put our experience to work for you.