Can I sue for emotional trauma after an injury?

Contact Us Today!
emotional trauma woman sad depressed

When an individual is injured due to the negligence of another party, they may experience both physical and mental trauma that negatively affects their life. Traumatic injuries can cause individuals to experience significant emotional distress. In the unfortunate event that you have been injured due to another person’s negligent actions, please don’t hesitate to contact a qualified New York City Personal Injury Attorney who can help you recover damages for your emotional distress.

What is emotional distress?

In a personal injury lawsuit, individuals are entitled to recover financial compensation for the emotional trauma they experience due to another person’s negligence. Essentially, emotional distress is a mental injury that typically occurs after a traumatic accident which causes an individual significant mental suffering that negatively affects their life. A person’s emotional distress is considered a non-economic damage. Non-economic damages are subjective losses that are not calculable or quantifiable. This means they are not “out-of-pocket” expenses. However, to be awarded monetary compensation for this type of loss, victims must prove their emotional trauma was directly caused by the incident that inflicted their injuries. Unfortunately, victims who suffer injuries due to a traumatic accident may experience the following forms of emotional distress:

  • Depression
  • Anxiety
  • Mental anguish
  • Post-traumatic stress disorder (PTSD)
  • Sleep issues (insomnia)
  • Eating problems
  • Isolation
  • Changes in interests
  • Feelings of hopelessness
  • Fatigue
  • Body aches
  • Headaches
  • Feelings of fear and humiliation

Is emotional trauma considered a personal injury?

When an injured individual experiences emotional trauma, it can be considered a personal injury.

  1. If a victim sustains a bodily injury in an accident, they are entitled to seek monetary compensation for any emotional trauma they experience due to the accident itself or the injuries they suffered. For instance, if an accident results in the amputation of a victim’s limb and they experience depression as a result, they may be awarded reasonable compensation for their emotional distress.
  2. If a victim does not sustain a bodily injury, it can be quite difficult to prove they suffered emotional distress due to the accident and injury. However, this type of non-economic damage can still be awarded under certain circumstances. For instance, if the infliction of emotional distress was intentional, meaning a party purposely intended to cause a victim emotional distress. Additionally, if the infliction of emotional distress was caused due to negligence, meaning a party’s negligent actions caused the victim’s emotional distress, they may be awarded just compensation for their losses.

It can be difficult to prove emotional trauma in court. However, with the exceptional help of a New York City personal injury attorney, victims may be able to prove their emotional distress in court to recover compensation for their non-economic damages. An evaluation by a medical professional can help a victim prove their emotional trauma. They can prove the extent and severity of the victims emotional distress. Ultimately, emotional distress can be considered a personal injury.

If you have experienced emotional distress after an accident, reach out to one of our trusted and compassionate team members. Our firm can help you prove you suffered emotional distress due to the accident itself or the injuries that were inflicted as a result of the incident.




Contact Us Today!

  • This field is for validation purposes and should be left unchanged.

© 2024 Law Offices of Brian J. Elbaum.
All Rights Reserved.
Disclaimer | Sitemap | Privacy Policy