Many accidents leave more than just physical scars. Emotional injuries can be equally as debilitating as any bodily wound. If you’re struggling with this kind of invisible trauma, you might wonder whether you can hold another party responsible for your emotional distress in a personal injury lawsuit.
The good news is that you may be able to sue for emotional distress if another party is responsible for the accident. However, proving that you’re entitled to compensation for emotional distress is not simple. Here’s what you should know about suing for emotional distress after an Arizona accident.
What is Emotional Distress and What Does it Look Like?
Emotional distress is the mental or psychological anguish someone experiences following a traumatic incident like a car accident. It can manifest in many ways, including appearing as acute anxiety, depression, post-traumatic stress disorder (PTSD), insomnia, and recurring nightmares.
Many accident survivors suffering from emotional distress also experience a general decrease in their overall enjoyment of life, quality of personal relationships, and ability to maintain regular work routines. These consequences can infiltrate nearly every aspect of a person’s life and have profound implications for their future.
What is the Difference Between Physical and Emotional Distress Claims?
Physical distress claims pertain to pain from tangible injuries, such as broken bones, burns, or other visible or measurable physical harm. These claims are typically easier to prove since you can tie them directly to medical bills or therapy costs.
In contrast, emotional distress claims address the intangible psychological harm an accident can inflict. Symptoms of emotional distress like anxiety and depression are harder to quantify and prove, often requiring specialized types of evidence.
Do I Need to Prove I Have a Physical Injury to Get Compensation for Emotional Distress?
It’s not strictly necessary to have a physical injury to obtain compensation for emotional distress. Nonetheless, a physical injury often strengthens the credibility of an emotional distress claim as it provides a logical link between the accident and resulting emotional trauma. Emotional distress claims primarily rely on evidence of significant psychological suffering, and demonstrating the necessary level of distress effectively without the context of a physical injury case becomes more challenging.
What Kinds of Evidence Can You Use to Prove Emotional Distress?
To prove emotional distress, a personal injury attorney can identify and present evidence demonstrating your psychological suffering. This could include therapy records, testimony from psychiatrists or counselors, journal entries tracking your mental health, or even testimony from loved ones who’ve observed changes in your behavior or mood. Direct evidence of the traumatic event, such as accident reports or eyewitness testimonies, could also serve as compelling evidence.
How Do You File a Lawsuit for Emotional Distress?
Suing for emotional distress in Arizona includes gathering proof of your distress, preparing a solid case demonstrating your suffering to the insurance company or court, and meeting various legal deadlines. At Silkman Law Firm Injury & Accident Lawyer, we can shoulder this burden for you. We offer compassionate legal assistance as we pursue the meaningful results you deserve.
Contact an Emotional Distress Lawsuit Attorney in Arizona
Can you sue for emotional distress in Arizona? The best way to learn your options is to ask an experienced attorney. Silkman Law Firm Injury & Accident Lawyer can help. Start your journey toward emotional and financial recovery today. Contact us now for a free consultation.