Can I Sue for Mental and Emotional Distress?
The devastation of a personal injury or accident involves much more than broken bones, head injuries, and contusions. A personal injury can also lead to intense psychological trauma and anguish, more commonly known as emotional distress. Emotional distress can manifest itself in a variety of ways, making it challenging to move forward. If you are interested in pursuing emotional distress damages following an accident, our Pennsylvania personal injury attorneys are available to speak with you.
Symptoms of Mental and Emotional Distress
Mental and emotional distress can disrupt your daily life, with many people feeling unable to cope emotionally with problems that arise. If you are suffering from emotional distress in the aftermath of an injury, you may also be experiencing any of the following symptoms:
- Post-traumatic stress disorder (PTSD)*
- Anxiety and/or depression
- Sleep deprivation
- Chronic fatigue
- Weight loss or weight gain
- Chronic headaches
- Chronic tension
*PTSD is a form of emotional distress, which can be accompanied by flashbacks to the event, nightmares, insomnia, mood swings, and avoiding stimuli that trigger the person to think about the incident. PTSD can inhibit a person from having meaningful relationships, working, and even taking care of children. If you are experiencing PTSD, it is important that you seek professional help.
Do I Need to Have a Physical Injury to Claim Emotional Distress?
While you do not always need to experience a physical injury to sue for emotional distress, in some cases, it is required. Let us discuss the rules behind auto insurance claims in Pennsylvania, and how each type of policy can impact your ability to recover emotional distress damages. The Commonwealth offers two types of auto insurance policies, limited tort insurance and full tort insurance. If you have limited tort insurance, you are restricted in your ability to sue another driver for non-economic damages, such as emotional distress, unless you meet a certain injury threshold.
However, drivers who have full tort insurance will be able to claim emotional distress, even in the absence of a physical injury. If you are unsure which type of auto policy you have, it is important that you speak with a personal injury attorney who can review your policy.
Guidance from Our Personal Injury Team
Although there is no financial component associated with emotional distress, it is no less a serious psychological strain that should be recognized and dealt with by a licensed professional. Recovering for emotional distress requires that you prove the other person’s liability for your accident or injury. This requires that sufficient evidence be presented to show the other party’s negligence. You can only recover damages once fault is established, which is no easy task. By working with our experienced Pennsylvania personal injury lawyers, you give yourself the best chance of a meaningful recovery.
Speak with Our Pennsylvania Personal Injury Attorneys
If you have recently fallen victim to a personal injury or accident, HGSK Injury Lawyers is ready to go to work for you. For over four decades, our Pennsylvania personal injury lawyers have fought tirelessly for those inflicted by physical, mental, and emotional suffering. We are dedicated to helping residents of Central Pennsylvania find legal solutions that work for them. To get started, contact our office online or by calling (267) 551-8782. We offer free initial consultations.