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Can Personal Injury Claims Be Filed For Emotional Distress?

On behalf of Musselwhite, Meinhart & Staples posted in personal injury on Tuesday, June 5, 2018.

After suffering injuries in an accident, victims may be left dealing with physical, financial and emotional consequences. All of these can come at a significant cost over time. Kentucky residents may know that they may seek damages for any economic losses suffered, but they may be unaware that they can also seek relief for any resulting emotional distress as well. This they can do by filing personal injury claims against the parties deemed responsible for their losses.

What constitutes as emotional distress? Following a car accident, dog bite, slip-and-fall incident or any type of accident that results in injury, one may experience depression, anxiety, mental anguish, lack of sleep and torment — among other things — that can make living one’s best life difficult, if not impossible. This emotional distress can affect one’s ability to work or enjoy time with family and friends.

Getting hurt in an accident is traumatizing. Emotional distress is common. Some people may not recover on their own and may require professional help.

In order to seek compensation for emotional distress, it is necessary to provide specific information for court consideration. Such information includes details about the accident, the level of distress experienced and for how long, and a medical diagnosis or validation of psychological symptoms. If it is possible to prove that the mental distress resulted from the accident and has had a negative impact on qualify of life, compensation may be achieved.

Emotional distress claims often have to accompany claims of physical injury in a personal injury case. Kentucky residents who have experienced psychological damages following any type of accident and believe they have a case may seek relief for their losses. An experienced attorney can review one’s case and help one decide the best way to proceed with the matter.

Source: FindLaw, “Does Pain and Suffering Include Emotional Distress?“, May 7, 2018

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