What Is Emotional Distress?

Emotional distress refers to the psychological impact of an accident or injury, which can significantly affect a victim’s quality of life. This type of damage often accompanies physical injuries, but it can also arise in cases without physical harm. Below, we outline the types of emotional effects that may qualify for a claim.

Types of Emotional Effects That May Qualify for a Claim

If you’ve experienced any of the following psychological effects as a result of someone else’s negligence, you may have an emotional distress claim:

• Anxiety
• Fear or terror
• Sleeplessness
• Depression
• Uncontrollable crying spells
• Mental anguish from adjusting to a disability or serious injury
• Humiliation or embarrassment

These emotional effects can disrupt your daily life and well-being, making it essential to seek compensation for your suffering. Bert McDowell Injury Law can guide you through this process.

Can You Recover Compensation for Emotional Distress?

In general, if your emotional distress is directly related to a loss that qualifies for damages—such as a physical injury—you may be able to recover compensation. Courts often evaluate emotional distress claims based on a standard known as the “impact rule.” This rule requires:

1. A physical impact to the body
2. An injury resulting from that impact
3. Emotional distress stemming from the injury

This standard ensures that emotional distress claims are tied to a concrete event, preventing frivolous lawsuits from bystanders or witnesses. Only the primary victims of an incident can typically claim emotional damages.

What If You Didn’t Sustain a Physical Injury?

While emotional distress claims are strongest when connected to a physical injury, it may still be possible to file a claim without one. For example, if you suffered financial loss or property damage and can show that your emotional distress is directly linked to that loss, you may have a case. Consider the following examples:

• With a physical injury: A car accident victim sustains severe burns to their face. Beyond the physical pain, they experience humiliation and anxiety as people stare at their scars. This emotional distress is directly tied to their injury, making it a strong claim.
• Without a physical injury: A man transporting his late father’s ashes is involved in a car accident, causing the ashes to be lost. While the man is uninjured, he experiences grief and seeks therapy. If evidence shows his distress stems from the loss of the ashes, he may have a valid emotional distress claim.

At Bert McDowell Injury Law, we can assess your case and determine whether an emotional distress claim is viable, even in the absence of physical injury. Call us at 475-231-3274 to learn more.

Cases That Often Involve Emotional Distress Damages

Emotional distress claims are common in cases involving severe injuries or incidents that drastically alter one’s quality of life. These cases may include:

• Car and truck accidents
• Traumatic brain injuries
• Wrongful death of a loved one
• Defective medical devices
• Nursing home abuse

If you or a loved one has been affected by one of these situations, emotional distress may be a significant part of your claim. Bert McDowell Injury Law has experience handling such cases and can help you fight for the compensation you deserve.

Contact Bert McDowell Injury Law Today

If you’ve been injured or are experiencing emotional distress due to someone else’s negligence, don’t wait to seek legal help. Bert McDowell Injury Law is dedicated to serving clients throughout Connecticut. We offer compassionate, knowledgeable representation to help you recover the damages you’re entitled to.

Contact us today for a free consultation. Call 475-231-3274 or fill out our online form to get started. Let us help you take the first step toward justice and recovery.