Calculating Damages for Emotional Distress In Personal Injury Lawsuits

Oct 18, 2015 — by Gary Zucker
Tags: Personal Injury Emotional Distress

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The lawyers of Gary A. Zucker & Associates, P.C. have helped countless injury victims and their loved ones throughout Brooklyn. When it comes to personal injury lawsuits, you need attorneys on your side who will fight diligently for you every step of the way.

While seeking damages for medical bills, lost wages, property damage, and other kinds of losses is relatively easy, damages for emotional distress can be challenging. Let's look into this matter in more detail.

What is emotional distress?

Emotional distress covers a wide range of psychological issues that a person may experience following a serious injury accident. This includes anxiety, depression, sleep disorders, constant states of dread, and so forth. These kinds of issues can vary a great deal from person to person, and because they are psychological, to a certain extent they are subjective. No two people will experience the same kind of emotional hardships after a major accident, for instance.

While emotional distress may be difficult to prove, it's important that victims of accidents seek compensation for these kinds of lasting affects on mental health and wellness.

Why Damages for Emotional Distress Are Important

Mental health and psychological wellness are an important part of everyday life. When a person suffers from a serious injury and this injury results in emotional distress, it can cause a serious disruption in the life of that individual, a disruption that would have not existed if it weren't for the injury that was sustained.

Seeking damages for emotional distress is simply a way of holding the negligent party accountable for the psychological harm that was caused. This is only fair.

Keep Documents Regarding Your Emotional Distress

In order to help prove that you suffer from emotional distress, it's of the utmost importance that you document the problems you are having as much as possible. This may include keeping a diary of some kind, keeping track of your dreams or any panic attacks you experience.

More important than a diary or journal of your emotional distress, it's important that you seek help from a therapist. He or she will be able to assess your mental state and in the process prescribe drugs or suggest additional things you can do to alleviate these issues with distress. Testimony or mere documents attesting to the need for therapy or counseling can be very powerful when assessing damages.

Ultimately, the more evidence of a serious emotional distress issue you can gather and bring to your attorney, the better it is for your case.

"Intentional Infliction of Emotional Distress"

The phrase "Intentional Infliction of Emotional Distress" refers to especially egregious injuries in which the negligent party seemed to want to inflict emotional distress on an individual. While these kinds of cases are relatively rare, they are often part of road rage accidents since the other motorists is aggressively and maliciously trying to harm the driver and/or occupants of another vehicle.

How an Attorney Can Help You

The legal system can present a number of serious challenges, and it's important to have a skilled advocate on your side who will fight diligently for all of your legal rights and entitlements. That's why partnering will our lawyers can be so helpful to you in your time of legal need. We will provide legal counsel and suggest various documents and other evidence that may prove crucial in your case.

Learn More About Your Rights in Personal Injury Lawsuits

For more information about your legal rights and options following a serious injury, it's important that you contact our personal injury law firm today. The leagal team at Gary A. Zucker & Associates, P.C. will work with you in your time of legal need.

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