Emotional Distress In Personal Injury Cases Explained: Knowing When To Sue

Being involved in an accident comes with physical as well as psychological and emotional consequences. Apart from the impending medical bills and lost wages, the victim could be looking at a lifetime of PTSD.

The good news is that Pennsylvania law also allows victims to sue for compensation for emotional distress. Here is everything you need to know about suing for emotional distress in personal injury cases in Pennsylvania.

How Does Pennsylvania Personal Injury Law Define Emotional Distress?

Legally, emotional distress encompasses mental pain, anguish, or suffering that the negligent actions of one individual caused another. Pennsylvania law recognizes emotional distress as a type of injury for which victims can claim monetary damages.

However, one can only get damages for emotional distress if it exists directly as a result of physical harm. Emotional distress, often referred to as pain and suffering, can manifest in different forms, such as anxiety, weight gain, insomnia, and depression.

Types Of Emotional Distress Claims

There are different types of civil lawsuits that individuals can bring based on emotional distress only without physical injury. They fall into two major categories: negligent infliction and intentional infliction of emotional distress.

Negligent Infliction

If an individual sustains physical injuries due to someone else’s negligence, they can file a personal injury claim for compensation. They can claim compensation for emotional pain and suffering arising from the physical injuries they sustained in the accident. However, can they still pursue monetary damages if they did not suffer any physical injury in the accident?

Even if a person did not sustain physical injuries, the shock of the accident could result in PTSD and other psychological trauma. Nevertheless, one cannot file a lawsuit for negligent infliction of emotional distress without physical injuries except under certain conditions. The only way to get monetary damages would be to prove that the emotional distress caused some physical reactions.

For example, if a person suffers anxiety in an accident, this makes them develop tremors in their hands. Provided that they can link these physical symptoms to emotional distress, you can recover damages under Pennsylvania law.

The Exception

While you may not be able to pursue compensation for emotional distress without accompanying physical injuries, there is an exception. This exception applies when the plaintiff is within the danger zone or is a bystander. That is, if the plaintiff witnessed a relative or friend get injured in proximity to them, they can sue for monetary damages.

Intentional Infliction

Pennsylvania recognizes and allows personal injury claims based on intentional infliction of emotional distress, with or without physical harm. However, for the claim to be successful, the plaintiff must prove that the defendant was extreme and outrageous in their conduct. Also, they must prove that the defendant acted with intent and recklessness and suffered emotional distress as a result.

How To Prove Emotional Distress

“Proving emotional distress in a Pennsylvania law court requires presenting evidence and establishing certain elements to demonstrate the severity of the distress,” says Attorney Jeffrey P. Lowenthal of Lowenthal & Abrams, Injury Attorneys. Some ways to prove emotional distress in a personal injury case in Pennsylvania include:

• Direct testimony describing the plaintiff’s experiences, feelings, and the impact of the distress on their life;
• Medical records showing diagnoses, treatments received, and other evidence that supports the claim;
• Expert witnesses like psychiatrists and psychologists to provide expert testimony supporting the plaintiff’s claim of emotional distress and
• Testimony from witnesses, including family, friends, and bystanders.

Conclusion

Pennsylvania allows personal injury victims to pursue compensation for emotional distress, but only if there are accompanying physical injuries. Nevertheless, you may be able to pursue compensation for emotional distress without physical injuries under the conditions explained in this blog.

Read Also:

• Understand Strict Liability in Personal Injury Cases: Key Insight
• 5 Signs You Might Have a Personal Injury Case