Can Emotional Trauma Be Part of a Personal Injury Claim?

Emotional distress is the psychological and emotional harm that follows a traumatic event. If you have been injured following a personal injury and are now dealing with flashbacks, nightmares, or generalized anxiety and/or depression, you may be able to recoup emotional distress damages. While insurers often minimize emotional distress, it can prevent you from working and living a normal life. Though these losses are no less significant than lost wages or medical bills, they can be more difficult to quantify.

At HGSK Injury Lawyers, we assess the value of your case based on all your losses, not just those that have a financial component. If you or a family member is experiencing emotional distress following an accident or injury, contact our PA personal injury lawyers today.

Recovering Emotional Distress Damages Due to an Act of Negligence

In most personal injury cases, the at-fault party does not mean to cause you harm. Even so, you are entitled to compensation when their negligence causes you injury, under the principle of negligent infliction of emotional distress (NIED).

To file an NIED claim, you must prove the following:

• The defendant had a legal obligation to use care;
• The defendant violated this duty;
• You suffered emotional distress, and
• The emotional distress was so extreme that your mental health has been affected, and you can no longer live a normal life.

Bystander Recovery

In some cases, you may be entitled to compensation even if you were not physically injured but witnessed the event (known as bystander recovery). However, certain elements must be present for a successful claim, including:

• The plaintiff must have been in the vicinity of the accident (zone of danger rule)
• The plaintiff and victim must have a special relationship (such as a child or spouse)
• The close family member must have suffered serious physical injuries or death
• The plaintiff must have seen or heard the event
• The plaintiff’s emotional distress must be so severe that a reasonable person would not be expected to endure this level of distress

How are NIED Damages Calculated?

At HGSK Injury Lawyers, we calculate NIED damages based on the multiplier method. This involves multiplying your economic damages (financial losses) by a severity rating (on a scale of 1.5 to 5). Your medical records, along with a clinical psychologist’s evaluation, will support the assigned severity rating.

As an example:

[$10,000 lost wages] + [$25,000 medical bills] + [$5,000 vehicle repairs] =

$40,000 economic damages X 3.5 (severity scale rating) = $140,000 emotional distress damages

Given that emotional distress damages impact your quality of life, they are often valued much higher (and should be) when compared to economic damages. Sadly, the impact of emotional trauma extends far beyond the injured party, forever affecting their personal and professional relationships.

Are Physical Injuries Necessary in a NIED Claim?

While most NIED victims’ symptoms manifest as physical symptoms, it is not necessary to recover emotional distress damages as a personal injury victim. However, your claim is unlikely to stand on its own if there is no physical injury. If you did experience physical injury, an NIED claim is usually part of a broader personal injury suit. If you are unsure if an NIED claim applies in your personal injury case, you should speak with one of our team members.

Speak with Our PA Personal Injury Attorneys Today

Emotional trauma can be debilitating, adding unneeded psychological distress on top of physical injuries. At HGSK Injury Lawyers, we advocate for fair compensation for physical, emotional, and financial injuries. If you have fallen victim to a personal injury, there is hope ahead. To schedule your free consultation with one of our PA personal injury lawyers, our office can be reached online or by phone at (267) 551-8782.