Personal injury cases typically arise from accidents caused by someone’s negligence. Victims (plaintiffs) can seek compensation through lawsuits designed to restore them to their pre-accident condition.
Defendants may be required to pay for the injured person’s medical expenses, lost wages, and property damage, but that’s not all. Missouri law recognizes that personal injuries extend beyond physical harm. Emotional distress compensation is a legitimate claim that covers the psychological impact of an accident. This can include trauma experienced during and after the event.
While many plaintiffs focus on tangible damages like medical bills, emotional distress is an important component of comprehensive personal injury claims. Our Independence, Missouri personal injury lawyers can help you understand your eligibility for this type of compensation. Keep reading for more.
What are non-economic damages in Missouri personal injury claims?
Non-material, or non-economic, damages are intangible losses that victims suffer. Even a relatively minor personal injury, like being rear-ended in a car accident or slipping and falling at the local Hy-Vee, can result in painful injuries. Compensation for pain and suffering doesn’t alleviate your soreness and limited mobility; instead, it’s consideration for your discomfort.
Emotional distress is a very common but not much-talked-about complication in most personal injury claims involving serious injuries. Many people face months of painful recovery, with no guarantee that they will regain their full abilities. Other people may be permanently disfigured, scarred, or disabled. The emotions that come along with facing a new reality and diminished abilities can be overwhelming.
It’s common for personal injury victims to develop anxiety or depression, suffer PTSD, or have their mental health impacted. All of these can be considered emotional distress, but while you’re eligible for compensation, getting the money you deserve requires your attorney to build a strong argument in favor of it.
How can I sue for emotional distress in Kansas City?
Personal injuries, by their name, damage the victim’s person, which includes their physical and emotional well-being. The experience itself, especially a violent one, can cause lasting trauma in and of itself, triggering a decline in the victim’s mental health.
If the accident was bad enough to cause serious, permanent injury, then the victim’s mental state may be even worse. The idea of facing a painful recovery, which could include lengthy physical therapy, skin grafts for burns, or additional surgeries, often causes further distress.
Missouri personal injury plaintiffs can file for compensation if they experience symptoms of emotional distress, like:
- Loss of enjoyment of life
- Diminished life quality
- PTSD
- Sleep disturbances
- Anxiety
- Depression
In Missouri, emotional distress is considered damages directly resulting from the initial incident, so in most cases, you can claim compensation for it.
Can I file for damages if I suffered emotional distress but no physical injury?
Missouri courts require personal injury plaintiffs to demonstrate they suffered tangible (economic) damages before they can file a claim for intangible losses. If the incident did not involve financial losses, such as medical bills or a totaled vehicle, then your claim for emotional distress damages alone is likely to be denied.
How to prove emotional damages in personal injury claims
Plaintiffs in Missouri personal injury claims have the burden of proof. They must show how the defendant is liable for their injuries and draw the link between their injuries and financial losses and the accident. Once the defendant’s liability is established, the next step is showing how the accident and your injuries caused emotional trauma.
Some common ways that your attorney may prove the extent of your suffering include:
- Medical expert testimony on how the injury affects your life
- Testimony from therapists or psychologists
- Receipts for therapy expenses
- Statements from family, friends, employers, and coworkers comparing your life before and after the injury
The mental distress many victims suffer can be just as debilitating as their physical injuries. In fact, many people may still have trauma even after their physical scars fade. While no amount of money can alleviate your distress, it can give you the means for intensive therapy to help you rebuild your life and move forward.
Legal help for personal injury and emotional distress claims
If you suffered an accident due to the negligence of another person or entity (like a consumer products manufacturer), you have the right to file a claim for emotional trauma if you suffered tangible financial losses from the accident. The attorneys at Langdon & Emison can help you get it. Contact us at (866) 931-2115 for a free consultation to learn more.
