In this article, you can discover…
- How emotional distress is defined and proven in personal injury cases.
- The differences between “emotional distress” and “pain and suffering”.
- The types of documentation you will need to prove emotional distress in Iowa.
Legally Speaking, What Is Emotional Distress In A Personal Injury Case?
Emotional distress is the mental suffering caused by the accident and / or the memory of the accident. It’s the impact, both short and long-term, of the accident or injury on your emotional well-being and mental health.
What Is The Difference Between Emotional Distress And Pain And Suffering?
Emotional distress is a component of pain and suffering that deals with the mental anguish, psychological impact, and emotional trauma of the event. It can manifest as anxiety, depression, post-traumatic stress disorder, and other psychological impacts that affect daily life.
How Do Attorneys In Iowa Prove Emotional Distress?
To prove emotional distress, it’s important to have medical records that document a mental health condition such as depression, anxiety, or post-traumatic stress disorder. Your testimony describing your emotional distress after the accident will also be helpful, as will testimony from friends and family who have observed the emotional impact of the accident.
Testimony from a mental health professional (such as a psychiatrist or therapist) will also be helpful. While some clients hesitate to seek out therapy or counseling after an accident, the testimony provided by such an expert can be crucial to your case.
It’s not uncommon for many clients to focus primarily (if not solely) on their physical injuries, only realizing the extent of their psychological injuries much later. As your attorney, I’ll encourage you to seek out a mental health expert early on to help you document these damages, as well. Remember, every aspect of your injury and its impact on your life deserves compensation.
How Do Iowa Courts Calculate Emotional Distress Compensation In Personal Injury Claims?
Damages for emotional distress are calculated through a “multiplier method”. Basically, medical bills and lost wages are tallied and then multiplied by a number (between 1.5 and 5) depending on the severity and duration of your emotional distress.
This severity is determined through evidence such as medical records, expert testimony, and the impact your emotional distress has had on your daily life.
Attorney Gary Kendell is a focused, compassionate personal injury lawyer serving Iowa and Wisconsin. For over 25 years, he’s helped clients just like you recover damages for emotional distress when a serious accident causes harm and loss.
Have questions, or in need of legal help? Reach out to Gary Kendell for an initial consultation today.
Can Emotional Distress Compensation Be Included In Iowa Wrongful Death Cases?
Yes, you can seek emotional distress compensation in a wrongful death case. These damages would encompass the mental suffering caused by the loss of a loved one, which in turn can lead to mental health issues like depression, anxiety, or post-traumatic stress disorder.
In some cases, depending on the nature and impact of the injury, you may be able to seek damages for the emotional distress suffered by your loved one before they passed away.
What Are Common Misunderstandings About Emotional Distress Damages?
Many people underestimate the seriousness of emotional distress in a personal injury case and their ability to recover for it. Others feel that if their injury is not physically severe, there’s no point in seeking emotional damages.
In reality, as long as your emotional distress is a direct result of your injury and as long as this connection can be supported with evidence, you can seek to recover damages for this distress. It is always best to be honest and open with your doctors, therapists, and attorney about any emotional or psychological issues in the aftermath of your accident so that you can seek the damages you truly deserve.
How Will My Iowa Injury Claims Attorney Help A Jury Understand The Role Of Emotional Distress?
In nearly every personal injury case that we have handled, we’ve asked the jury to award emotional distress damages. Even in cases where you have not sought mental health treatment or sought minimal treatment, we can still describe the emotional impacts of your accident to a jury. These impacts could take the form of nightmares, anxiety when you drive, trouble functioning at work, or other signs of distress.
Whether your evidence takes the form of testimony from a therapist or testimony from a friend or family member who’s noticed changes to your personality, we can help a jury understand those impacts and their seriousness. Ultimately, however, it is helpful to have as much formal documentation as possible to support your claim.
What Is The Most Important Thing I Can Do To Protect My Personal Injury Claim?
It is crucial to seek medical attention and have your emotional distress documented by a professional. It’s ok to seek help and treatment for mental health issues after an accident; there is no need for stigma or embarrassment. Seeking care doesn’t mean you’re broken; it’s simply a way to treat mental injuries (just as you would physical injuries) and build up evidence to protect your claim.
The more documentation of your emotional distress is available, the more needed and deserved compensation you can receive when another person’s negligence causes harm.
Still Have Questions? Ready To Get Started?
For more information on Emotional distress damages in Iowa, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (515) 205-1922 today.
Attorney Gary Kendell is a focused, compassionate personal injury lawyer serving Iowa and Wisconsin. For over 25 years, he’s helped clients just like you recover damages for emotional distress when a serious accident causes harm and loss.
Have questions, or in need of legal help? Reach out to Gary Kendell for an initial consultation today.
