All About Making a Personal Injury and Emotional Distress Lawsuit

Did you know that you can sue for emotional distress?

You have a legal right to compensation for emotional harm when physically injured in an accident. An emotional distress lawsuit is your best bet at finding relief for the mental anguish caused.

But how can you tell that the emotional distress you suffered from an accident qualifies as a personal injury case? And how will you file a lawsuit for compensation? Read on for more insights:

Understanding Emotional Distress

Fear, anxiety, depression, and sleep loss all count as emotional distress. This type of personal injury is subjective since it varies from one person to another.

All in all, emotional distress damages are awarded to people who suffered any type of emotional harm. The compensation helps you heal or recover from the psychological impacts a particular injury had on your day-to-day life.

What to Do Before Seeking Legal Help

If you have injuries that compel you to file a personal injury lawsuit, chances are that you are already undergoing medical treatment. Speak to your doctor in detail about any psychological conditions or symptoms you experienced from an accident. Ask them to document the diagnosis, which will be part of the evidence for your case.

You should also keep a diary or daily journal that records your sentiments in light of your injuries and accident. Have the journal with you before visiting a personal injury firm for legal help.

Damage Caps for Emotional Distress

A few states have laws governing the minimum compensation for non-economic damages including emotional distress. Emotional distress damages highly depend on the statutory caps in your jurisdiction, the type of case, and the severity of the injury.

Filing an Emotional Distress Lawsuit

Hire a personal injury lawyer from for expert legal help on your emotional distress case. Your personal injury attorney will conduct an exploratory investigation after determining that you have a strong case. The investigation will help them assess whether the defendant has adequate assets or applicable insurance to cover any judgment or settlement.

If your case is legitimate enough to be pursued in court, your attorney will promptly file a personal injury complaint in a civil court. This official document will broadly lay out your allegations. Your lawyer will then serve the defendant the complaint to let them know about the emotional distress lawsuit.

Trial and Settlement

Your personal injury case will first go through a pre-trial phase. Both sides will present witness information and evidence. They’ll also show up in court to discuss with the judge whether or not the case will go through arbitration or mediation.

At trial, your personal injury attorney will get the chance to argue the case for a judge or jury to examine the evidence carefully. This process will determine whether the defendant is liable for your injury and if so, the amount of money they should pay you as compensation. Either party can appeal to a higher court if they are not content with the ruling.

Need More Information on Personal Injury Lawsuits?

Now you know what it takes to pursue an emotional distress lawsuit. Browse through our vast selection of articles for practical advice and tips on different topics. Leave a comment on any of our articles and let us know what you think.

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